
The writ of prohibition can be issued only against _______.
(A) Judicial Authorities
(B) Quasi-Judicial Authorities
(C) Administrative Authorities
(D) Only A and B
Answer
556.2k+ views
Hint:
The Judicial authorities are the ones which are involved in the decision-making process along with the Quasi-Judicial authorities. Any writ is issued only by the authority which is concerned with it. The administrative authorities are mainly responsible for the administrative related work, therefore they will not be the one entitled to issue the writ of prohibition.
Complete solution:
The writ of prohibition is a writ which directs a subordinate court to stop doing anything which is not allowed under the law. The writ of prohibition is generally issued by a superior court to a lower court. It may relate with the higher court telling the lower court to not proceed with a case which does not fall under its jurisdiction.
Writs of prohibition are subdivided into:
- Alternative writs
- Peremptory writs
An alternative writ is a writ which directs the recipient to act immediately that why any directive should not be made permanent. It is an order asking the trial court to do what the petitioner has asked or tell why that action should not be done.
A peremptory writ directs the recipient to act immediately and return the writ within a certain period of time. It is issued when the defendant fails to answer the court for his actions.
The writ of prohibition can be issued only against the Judicial and Quasi-Judicial authorities. It cannot be issued against any administrative authority.
In India writ of prohibition is issued by higher courts to the lower courts to stop them from interfering into a case which does not lie under their jurisdiction.
Additional information: India has 3 levels of court in the judiciary. The Supreme Court is at the apex followed by the high court and then the district courts. There can and is only one Supreme Court in India which is situated in Delhi. The High Courts are situated in States and the District Court are located in various districts. The District Courts deal only with minor issues. The prominent issues are dealt with the High Courts and the Supreme Court.
Hence, the correct answer is option D.
Note:
The writ of prohibition will be issued only if no decision has been finalised by the court. In case the decision is already passed and finalized by the court then the recipient, under any circumstances, cannot be issued the writ.
The Judicial authorities are the ones which are involved in the decision-making process along with the Quasi-Judicial authorities. Any writ is issued only by the authority which is concerned with it. The administrative authorities are mainly responsible for the administrative related work, therefore they will not be the one entitled to issue the writ of prohibition.
Complete solution:
The writ of prohibition is a writ which directs a subordinate court to stop doing anything which is not allowed under the law. The writ of prohibition is generally issued by a superior court to a lower court. It may relate with the higher court telling the lower court to not proceed with a case which does not fall under its jurisdiction.
Writs of prohibition are subdivided into:
- Alternative writs
- Peremptory writs
An alternative writ is a writ which directs the recipient to act immediately that why any directive should not be made permanent. It is an order asking the trial court to do what the petitioner has asked or tell why that action should not be done.
A peremptory writ directs the recipient to act immediately and return the writ within a certain period of time. It is issued when the defendant fails to answer the court for his actions.
The writ of prohibition can be issued only against the Judicial and Quasi-Judicial authorities. It cannot be issued against any administrative authority.
In India writ of prohibition is issued by higher courts to the lower courts to stop them from interfering into a case which does not lie under their jurisdiction.
Additional information: India has 3 levels of court in the judiciary. The Supreme Court is at the apex followed by the high court and then the district courts. There can and is only one Supreme Court in India which is situated in Delhi. The High Courts are situated in States and the District Court are located in various districts. The District Courts deal only with minor issues. The prominent issues are dealt with the High Courts and the Supreme Court.
Hence, the correct answer is option D.
Note:
The writ of prohibition will be issued only if no decision has been finalised by the court. In case the decision is already passed and finalized by the court then the recipient, under any circumstances, cannot be issued the writ.
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