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What are the common objectives of the Prohibition as well as Certiorari under the Writ Jurisdiction of the Indian Constitution?
1. To ensure the jurisdiction of an inferior court or tribunal is properly exercised.
2. To ensure that the functioning of the inferior courts is within the limits of its jurisdiction.
3. To quash the order or decision of the inferior court or tribunal.
Select the correct answer using the codes given below:
1. To ensure the jurisdiction of an inferior court or tribunal is properly exercised.
2. To ensure that the functioning of the inferior courts is within the limits of its jurisdiction.
3. To quash the order or decision of the inferior court or tribunal.
Select the correct answer using the codes given below:
- a)1 only
- b)1 and 2 only
- c)2 and 3 only
- d)1, 2 and 3Ans: B
Correct answer is option 'B'. Can you explain this answer?
Most Upvoted Answer
What are the common objectives of the Prohibition as well as Certiorar...
The Prohibition and Certiorari are two important writs under the writ jurisdiction of the Indian Constitution. These writs are issued by the higher courts, mainly the High Courts and the Supreme Court, to exercise their supervisory jurisdiction over the decisions and orders passed by the inferior courts and tribunals.
The common objectives of the Prohibition and Certiorari writs are as follows:
1. Ensuring proper jurisdiction: The first objective of both the writs is to ensure that the jurisdiction of an inferior court or tribunal is properly exercised. This means that the inferior court or tribunal should only hear and decide matters that fall within its jurisdiction. If an inferior court exceeds its jurisdiction or acts beyond its authority, the higher court can issue a writ of Prohibition to prohibit it from further proceeding in the matter.
2. Ensuring limits of jurisdiction: The second objective is to ensure that the functioning of the inferior courts is within the limits of its jurisdiction. This means that the inferior court should not act arbitrarily or in excess of its powers while deciding a case. If an inferior court or tribunal commits an error of law or acts in excess of its jurisdiction, the higher court can issue a writ of Certiorari to quash the order or decision.
3. Quashing orders or decisions: The third objective is to quash the order or decision of the inferior court or tribunal. If the higher court finds that the order or decision passed by the inferior court is illegal, erroneous, or against the principles of natural justice, it can use the writ of Certiorari to quash the order and set aside the decision. This ensures that justice is served and the rights of the parties are protected.
In conclusion, the common objectives of the Prohibition and Certiorari writs under the writ jurisdiction of the Indian Constitution are to ensure the proper exercise of jurisdiction by the inferior courts, to ensure that the functioning of the inferior courts is within the limits of its jurisdiction, and to quash the orders or decisions of the inferior courts if they are found to be illegal or erroneous. Both these writs play a crucial role in upholding the rule of law and protecting the rights of the parties involved in a case.
The common objectives of the Prohibition and Certiorari writs are as follows:
1. Ensuring proper jurisdiction: The first objective of both the writs is to ensure that the jurisdiction of an inferior court or tribunal is properly exercised. This means that the inferior court or tribunal should only hear and decide matters that fall within its jurisdiction. If an inferior court exceeds its jurisdiction or acts beyond its authority, the higher court can issue a writ of Prohibition to prohibit it from further proceeding in the matter.
2. Ensuring limits of jurisdiction: The second objective is to ensure that the functioning of the inferior courts is within the limits of its jurisdiction. This means that the inferior court should not act arbitrarily or in excess of its powers while deciding a case. If an inferior court or tribunal commits an error of law or acts in excess of its jurisdiction, the higher court can issue a writ of Certiorari to quash the order or decision.
3. Quashing orders or decisions: The third objective is to quash the order or decision of the inferior court or tribunal. If the higher court finds that the order or decision passed by the inferior court is illegal, erroneous, or against the principles of natural justice, it can use the writ of Certiorari to quash the order and set aside the decision. This ensures that justice is served and the rights of the parties are protected.
In conclusion, the common objectives of the Prohibition and Certiorari writs under the writ jurisdiction of the Indian Constitution are to ensure the proper exercise of jurisdiction by the inferior courts, to ensure that the functioning of the inferior courts is within the limits of its jurisdiction, and to quash the orders or decisions of the inferior courts if they are found to be illegal or erroneous. Both these writs play a crucial role in upholding the rule of law and protecting the rights of the parties involved in a case.
Community Answer
What are the common objectives of the Prohibition as well as Certiorar...
The common objectives of the Prohibition, as well as Certiorari under the Writ Jurisdiction of the Indian Constitution, are,
- The objective is to secure that the jurisdiction of an inferior court or tribunal is properly exercised.
- It is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or taking over the jurisdiction that it does not possess.
- The term Prohibition means ‘to forbid’. It is available during the pendency of the proceedings and before the order is made.
- The term Certiorari means ‘to be certified’ or to be informed. It is issued by a higher court to a lower court or tribunal either to transfer a case pending with the latter to itself. So, Statements 1 and 2 are correct. In Certiorari can be issued only after the order is made but Prohibition is issued during the proceedings or the before the order is made. Thus, quashing of order take place in Certiorari and not in Prohibition. So, Statement 3 is not correct.
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What are the common objectives of the Prohibition as well as Certiorari under the WritJurisdiction of the Indian Constitution?1. To ensure the jurisdiction of an inferior court or tribunal is properly exercised.2. To ensure that the functioning of the inferior courts is within the limits of its jurisdiction.3. To quash the order or decision of the inferior court or tribunal.Select the correct answer using the codes given below:a)1 onlyb)1 and 2 onlyc)2 and 3 onlyd)1, 2 and 3Ans: BCorrect answer is option 'B'. Can you explain this answer?
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What are the common objectives of the Prohibition as well as Certiorari under the WritJurisdiction of the Indian Constitution?1. To ensure the jurisdiction of an inferior court or tribunal is properly exercised.2. To ensure that the functioning of the inferior courts is within the limits of its jurisdiction.3. To quash the order or decision of the inferior court or tribunal.Select the correct answer using the codes given below:a)1 onlyb)1 and 2 onlyc)2 and 3 onlyd)1, 2 and 3Ans: BCorrect answer is option 'B'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about What are the common objectives of the Prohibition as well as Certiorari under the WritJurisdiction of the Indian Constitution?1. To ensure the jurisdiction of an inferior court or tribunal is properly exercised.2. To ensure that the functioning of the inferior courts is within the limits of its jurisdiction.3. To quash the order or decision of the inferior court or tribunal.Select the correct answer using the codes given below:a)1 onlyb)1 and 2 onlyc)2 and 3 onlyd)1, 2 and 3Ans: BCorrect answer is option 'B'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for What are the common objectives of the Prohibition as well as Certiorari under the WritJurisdiction of the Indian Constitution?1. To ensure the jurisdiction of an inferior court or tribunal is properly exercised.2. To ensure that the functioning of the inferior courts is within the limits of its jurisdiction.3. To quash the order or decision of the inferior court or tribunal.Select the correct answer using the codes given below:a)1 onlyb)1 and 2 onlyc)2 and 3 onlyd)1, 2 and 3Ans: BCorrect answer is option 'B'. Can you explain this answer?.
What are the common objectives of the Prohibition as well as Certiorari under the WritJurisdiction of the Indian Constitution?1. To ensure the jurisdiction of an inferior court or tribunal is properly exercised.2. To ensure that the functioning of the inferior courts is within the limits of its jurisdiction.3. To quash the order or decision of the inferior court or tribunal.Select the correct answer using the codes given below:a)1 onlyb)1 and 2 onlyc)2 and 3 onlyd)1, 2 and 3Ans: BCorrect answer is option 'B'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about What are the common objectives of the Prohibition as well as Certiorari under the WritJurisdiction of the Indian Constitution?1. To ensure the jurisdiction of an inferior court or tribunal is properly exercised.2. To ensure that the functioning of the inferior courts is within the limits of its jurisdiction.3. To quash the order or decision of the inferior court or tribunal.Select the correct answer using the codes given below:a)1 onlyb)1 and 2 onlyc)2 and 3 onlyd)1, 2 and 3Ans: BCorrect answer is option 'B'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for What are the common objectives of the Prohibition as well as Certiorari under the WritJurisdiction of the Indian Constitution?1. To ensure the jurisdiction of an inferior court or tribunal is properly exercised.2. To ensure that the functioning of the inferior courts is within the limits of its jurisdiction.3. To quash the order or decision of the inferior court or tribunal.Select the correct answer using the codes given below:a)1 onlyb)1 and 2 onlyc)2 and 3 onlyd)1, 2 and 3Ans: BCorrect answer is option 'B'. Can you explain this answer?.
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