Before I tell you what is prohibition writ, I want you to know that the Constitution of India has given inherent fundamental rights to every Indian citizen specified under Article 12 to 35 of the Indian Constitution. If any private body or the State violates your fundamental rights, then you can get remedies by filing writ petitions to the Supreme Court or High Court under Articles 32 and 226 of the Indian Constitution.
A writ is a written order issued by a High Court or the Supreme Court that directs constitutional remedies for the citizens of India who’ve been violated of their fundamental rights. It’s also a formal written command or order from one of the courts specified in the Constitution of India. A writ is issued when Indian citizens violate their fundamental rights. There are 5 kinds of writs: Prohibition, Certiorari, Quo Warranto, Mandamus, and Habeas Corpus.
What is a Writ of Prohibition:Prohibition is a legal term that implies ‘to forbid, prevent, restrain, or prohibit.’ A writ of prohibition is issued by a higher court against the lower court to prevent it from going beyond its required jurisdiction or exceeding its authority. It can’t be enforced against statutory authorities, administrative agencies, or private persons or enterprises. It’s applicable to quasi-judicial and judicial bodies exclusively. Let me tell you about the grounds on which this kind of prohibition can be issued.
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A prohibition writ is issued under certain conditions when the subordinate or lower court or tribunal:
Behaves as an error based on the record;
Acts in violation of basic rights;
Acts unconstitutionally or ultra vires;
Violates natural justice standards, i.e., failure of natural justice which is equality and equity;
Goes against its powers;
Exceeds its jurisdiction or acts without its jurisdiction;
Truthful judgments aren’t supported by evidence.
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I hope now you understand what is prohibition writ.
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What is prohibition writ?
Komal
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2022-05-23T18:12:09+00:00 2022-05-23T18:12:10+00:00Comment
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