Which writ is issued by a high court or supreme court when a lower court has considered a case going beyond its jurisdiction?

Question

Which writ is issued by a high court or supreme court when a lower court has considered a case going beyond its jurisdiction?

1. A. Certiorari
2. B. Quo Warranto
3. C. Habeas Corpus
4. D. Prohibition (Correct answer)

Correct Answer

Option D — Prohibition

Detailed Solution & Explanation

The correct answer is Prohibition.

Key Points

• The writ of Prohibition is issued by a higher court to stop a lower court or tribunal from proceeding in a matter beyond its jurisdiction (issued while the case is pending).
• Certiorari, by contrast, quashes an order already passed.

Additional Information

• The five writs under Article 32 (Supreme Court) and Article 226 (High Courts) are Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo Warranto. A High Court's writ power under Article 226 is wider, since it extends to ordinary legal rights, not just fundamental rights.
• Prohibition is preventive and Certiorari is curative — the standard pairing. Prohibition stops proceedings that are still running; Certiorari quashes a decision already made.
• Both issue only against judicial or quasi-judicial bodies, never against a purely administrative or legislative body or a private individual.
• The others in one line each: Habeas Corpus ('produce the body') tests unlawful detention; Mandamus ('we command') compels a public authority to perform a public duty; Quo Warranto ('by what authority') challenges a person's title to a public office.