Who possesthe Constitutional right to issue the writ of prohibition?a)...
The Supreme Court can issue writs only for the enforcement of the fundamental Rights and not for other purposes while high courts on the other hand, can issue writs not only for the enforcement of the fundamental rights but also for other purposes.
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Who possesthe Constitutional right to issue the writ of prohibition?a)...
The correct answer is option 'D' - The Supreme Court or a High Court has the constitutional right to issue the writ of prohibition to an inferior court regarding its jurisdiction.
Explanation:
The writ of prohibition is a constitutional remedy that is available in India to prevent an inferior court or tribunal from exceeding its jurisdiction or acting in excess of its authority. It is one of the five writs mentioned in Article 32 and Article 226 of the Indian Constitution, which are available for the enforcement of fundamental rights.
The writ of prohibition is primarily used when a lower court or tribunal is acting beyond its jurisdiction or in violation of the principles of natural justice. It is issued by a higher court, either the Supreme Court or a High Court, to prevent the lower court or tribunal from continuing with a particular case or proceeding.
Here is a detailed explanation of who possesses the constitutional right to issue the writ of prohibition:
1. The Supreme Court:
The Supreme Court of India is the highest court in the country and has the power to issue the writ of prohibition to any lower court or tribunal, including High Courts. The Supreme Court can exercise this power under Article 32 of the Constitution, which grants it the power to enforce fundamental rights.
2. High Courts:
Each state in India has a High Court, which is the highest court within the state. High Courts also have the power to issue the writ of prohibition to any lower court or tribunal within their territorial jurisdiction. This power is derived from Article 226 of the Constitution, which empowers High Courts to issue writs.
3. Inferior Courts:
Inferior courts refer to the lower courts and tribunals that are subject to the jurisdiction of the Supreme Court and High Courts. These include district courts, session courts, civil courts, and various administrative tribunals. When an inferior court or tribunal exceeds its jurisdiction or acts in violation of the principles of natural justice, the Supreme Court or High Court can issue the writ of prohibition to prevent further proceedings.
In conclusion, the Supreme Court and High Courts possess the constitutional right to issue the writ of prohibition to an inferior court or tribunal regarding its jurisdiction. This power is granted to them under Article 32 and Article 226 of the Indian Constitution, respectively. The writ of prohibition is an important constitutional remedy that ensures that the lower courts and tribunals act within their authority and do not violate the principles of natural justice.