What does the writ of Prohibition mean?a)The arrested person must be b...
It is issued by a higher court to a lower court to prohibit exceeding its jurisdiction that it is not supposed to possess. Or the Higher court directs a lower court from doing an activity which is beyond its jurisdiction
What does the writ of Prohibition mean?a)The arrested person must be b...
Writ of Prohibition
The writ of prohibition is a legal order issued by a higher court to a lower court, tribunal, or public authority, restraining them from acting outside their jurisdiction or exceeding their lawful powers. It is a preventive measure intended to stop any illegal or unjust exercise of power by the lower court or authority.
Issued by higher courts
The writ of prohibition is typically issued by a higher court, such as a High Court or Supreme Court, when it finds that a lower court or tribunal has made a judgment or decision beyond its powers or jurisdiction. This means that the lower court has acted unlawfully or in excess of its authority.
Curbing excess power
The purpose of issuing a writ of prohibition is to curb the excess use of power by lower courts. It serves as a check and balance mechanism to ensure that courts and authorities do not overstep their boundaries or violate the principles of natural justice.
Invalidating judgments
When a higher court issues a writ of prohibition, it essentially invalidates the judgment or decision made by the lower court. The writ orders the lower court to stop any further proceedings related to the case and prohibits them from taking any action based on their previous unlawful decision.
Protection of rights
The writ of prohibition plays a crucial role in protecting the rights of individuals and ensuring that justice is dispensed fairly and within the confines of the law. It prevents any abuse of power or violation of fundamental rights by lower courts or authorities.
Examples of cases
Some examples of situations where a writ of prohibition may be issued include instances where a lower court attempts to hear a case that falls outside its jurisdiction, or when it acts in a biased manner, or when it exceeds its authority in interpreting or applying the law.
In conclusion, the writ of prohibition is a legal order issued by a higher court to a lower court or authority, restraining them from acting beyond their jurisdiction or exercising their powers unlawfully. It serves as a check on the lower courts and ensures that justice is administered fairly and according to the law.