By Aditya Singh Raghav
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Prohibition means “to forbid”. This writ can be issued when a lower court exceeds it jurisdiction or power vested to it and this writ prohibits lower courts from continuing the proceedings in a case, where the court does not have jurisdiction to decide the matter. Such proceedings are stopped when writ of prohibition is issued.
Prohibition can be issued when:
• Inferior court or tribunal acts in violation of natural justice
• Excess jurisdiction or absence of jurisdiction in any case
• Violation of fundamental rights
• When any court proceeds to act under a law which is unconstitutional
Prohibition cannot be issued when:
• Can be issued only against Judicial and quasi-judicial authorities and not against administrative, legislative and private bodies.
• If there is only an error of law but matter is still within the jurisdiction.
In S. Govinda Menon v. Union of India (AIR 1967 SC 1274), the Supreme Court said that writ of prohibition is supervisory in nature and can be issued to restrain inferior courts and tribunals from exceeding their jurisdiction. Prohibition is generally a “stay order” and is issued to protect the individual from any arbitrary action.
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Aditya is a 2nd year law student at National Law University Delhi. An adventurous person, he actively participates in sports activities and loves to go trekking. He is a football fan and you can easily find him discussing football matches with his friends. His interests include Commercial Law, Constitutional Law, Criminal Law and Competition Law.
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