Writ of Prohibition

  • Anushi Singh

Abstract

The prohibition script is as ancient as common law. It was originally used to regulate ecclesiastical authority by prohibiting them from behaving without or in violation of their jurisdiction and is increasingly used by the courts of common law. Prior to the adoption of the Constitution of India, three charters were used by the court to exercise its authority and, after the implementation of the Constitution, the High Court and the Supreme Court exercised their jurisdiction to issue this order. It is an outstanding preventive text. This forbids the judges, tribunals, quasi-judicial bodies and other officers from exercising their powers outside their authority or from exercising other powers which they do not have. The judge or other court is granted a writ of injunction to discourage them from doing what they are going to do. This bar is imposed if the case is heard by a subordinate court or tribunal outside its jurisdiction or over matters on which it has no jurisdiction.

Published
2019-10-15
Section
Articles