Thursday, July 9, 2015

How is a writ of prohibition a constitutional remedy?

Prohibition: This writ is issued by a higher court (High Court or Supreme Court) when a lower court has considered a case going beyond its jurisdiction. How can this writ become a right to constitutional remedy? Elaborate.
Constitution clearly says who will do what. a lower court is having jurisdiction up to certain level. It can’t exceed it. Suppose a court exceeds it. it will be violation of your right of 'due procedure before law' or 'rule of law'
What is the remedy then??
1.       1. Curative (you file an appeal)
2.       2. Preventive (stop the proceedings)

Prohibition is this preventive provision! Else imagine a court not giving bail and putting him in prison!!! So, any protection you get under law, can’t be subverted by ANYBODY!!

That is the protection that the writs offer.

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