the writ of prohibition is issued by the supreme court or a high court against an inferior court.
the writ of prohibition is issued by the supreme court or a high court against an inferior court.
the writ of prohibition is issued by the supreme court or a high court against?
an inferior court
a writ of prohibition is issued primarily to prevent an inferior court or tribunal from exceeding its jurisdiction in cases pending before it or acting contrary to the rules of natural justice. it is issued by a superior court to inferior courts from usurping a jurisdiction with which it was not legally vested, or in other words to compel inferior courts to keep within the limits of their jurisdiction. thus the writ is issued in both cases where there is excess of jurisdiction and where there is absence of jurisdiction. prohibition is not a continuation of the proceedings to be prohibited. its object is on the contrary to arrest the inferior tribunal's proceedings. it is a collateral matter progress essentially between the two tribunals, an inferior one and other superior one by which the latter, by virtue its power of superintendence over the former, restrains it within its rightful competence. its nature is held to depend upon the nature of proceeding to be prohibited. the writ can be issued only when the proceedings are pending in a court if the proceeding has matured into decision, writ will not lie. when the court, before whom the matter is pending, has ceased to exist, in that condition too, the writ of prohibition will not lie because there can be no proceedings upon which it can operate but on the other hand, if the court is functioning, the writ can be issued at any stage of the proceeding before the inferior court or tribunal. it can be issued only against a judicial and quasi-judicial bodyand not against a legislative or administrative body.
writ of prohibition
in addition, article 32 of the constitution gives an extensive original jurisdiction to the supreme court in regard to enforcing fundamental rights. it is empowered to issue directions, orders or writs, including writs in the nature of "habeas corpus", "mandamus", "prohibition", "quo warranto" and "certiorari" to enforce them. the supreme court has been conferred with power to direct transfer of any civil or criminal case from one state high court to another state high court, or from a court subordinate to another state high court and the supreme court. although the proceedings in the supreme court arise out of the judgment or orders made by the subordinate courts, of late the supreme court has started entertaining matters in which interest of the public at large is involved. this may be done by any individual or group of persons either by filing a "writ petition" at the filing counter of the court, or by addressing a letter to the chief justice of india, highlighting the question of public importance for redress. these are known as public interest litigations.
government of india