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Q63 (CDS-I/2016) Polity & Governance › Judiciary › Judicial process basics Answer Verified

As per the Constitution of India, the Writ of Prohibition relates to an order : 1. issued against judicial and quasijudicial authority 2. to prohibit an inferior Court from proceeding in a particular case where it has no jurisdiction to try 3. to restrain a person from holding a public office to which he is not entitled Select the correct answer using the code given below :

Result
Your answer: —  Â·  Correct: A
Explanation

As per the Constitution of India, the Writ of Prohibition is a preventive remedy issued by a higher court to an inferior court or quasi-judicial body [3]. Its primary purpose is to forbid or stop these authorities from continuing proceedings when they act in excess of their jurisdiction or without jurisdiction [4]. Statement 1 is correct as it is specifically issued against judicial and quasi-judicial authorities [3]. Statement 2 is correct because it prohibits an inferior court from proceeding in cases where it lacks the legal authority to try the matter [1]. Statement 3 is incorrect because the writ intended to restrain a person from holding a public office to which they are not entitled is the Writ of Quo Warranto, not Prohibition [1]. Therefore, only statements 1 and 2 are accurate descriptions of the Writ of Prohibition.

Sources

  1. [1] Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 2: RIGHTS IN THE INDIAN CONSTITUTION > RIGHT TO CONSTITUTIONAL REMEDIES > p. 41
  2. [3] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Scope of the Writs: I. Habeas corpus. > p. 159
  3. [4] https://www.mcrhrdi.gov.in/crashcourse/presentations/SG%2008%20-%20Artcile%2032%20&%20226.pdf
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