A Comprehensive Guide to the Writ of Prohibition
What is a Writ of Prohibition?
It is a court order issued by a higher court to prevent a lower court or tribunal from continuing an action. This writ intervenes when the lower court exceeds its jurisdiction or acts unlawfully.
When is a Writ of Prohibition Used?
- Lack of Jurisdiction
- If a lower court tries to hear a case outside its designated area or subject matter, a writ of prohibition can stop it. For instance, if a court addresses issues beyond its authority, this writ ensures it halts such proceedings.
- Excess of Jurisdiction
- Even with proper jurisdiction, a court might overstep its boundaries. Suppose a court imposes a penalty beyond its legal limits. In that case, a writ of prohibition can prevent this overreach and protect legal standards.
- Violation of Due Process
- Fairness in the legal system is crucial. If a lower court ignores established procedures or denies a fair hearing, a writ of prohibition can correct these issues. This intervention helps uphold due process and protect individuals’ rights.
Stay Order vs. Writ of Prohibition
While it prevents a court from acting, a stay order temporarily halts proceedings in a case. Both are tools to ensure fairness but serve different purposes. A stay order stops current proceedings, whereas a writ of prohibition prevents future actions by a court that lacks jurisdiction or acts improperly.
Recent Developments / Judgement
The latest significant judgement involving a writ of prohibition was delivered by the Supreme Court of India. This case, Supriyo @ Supriya Chakraborty & Anr. vs. Union of India, involved multiple writ petitions challenging various legal provisions and their impact on fundamental rights1.
The Supreme Court issued a writ of prohibition to prevent lower courts from exceeding their jurisdiction in matters related to the rights guaranteed under Article 21 of the Constitution. This judgement emphasised the importance of judicial review and the separation of powers, ensuring that lower courts do not overstep their boundaries
Conclusion
It is a vital tool for maintaining judicial fairness and order. It prevents lower courts from exceeding their authority and ensures adherence to lawful processes. By safeguarding individual rights and ensuring legal compliance, it plays a crucial role in the justice system.
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