Constitutional Law-I Short Notes

1. Child labour.

Article 24 prohibits employment of children below 14 years of age in factories and hazardous
employment. e.g., a railway or a port. Such prohibition made in the interest of public health and
children’s life. The prohibition under this Article is absolute without any exceptions. The Child
Labour (Prohibition and Regulation) Act is enacted in accordance with Article 24.
In M.C. Mehta v. State of Tamil Nadu AIR 1997 SC 699 . Mr. M.C. Mehta, a public
spirited lawyer, filed a Public Interest Litigation and explained the plight of the children engaged
in Sivakasi Cracker Factories. The Supreme Court held that children below the age of 14 years
couldn’t be employed in any hazardous industry, mines or other works in accordance with
Article 24.

2. Directive Principles of state policy

Directive Principles of State Policy are dealt under Part IV of the Constitution of India. They
were borrowed from the Constitution of Ireland. Welfare State is the basis for Directive
Principles of State Policy. The aim of these principles is to secure social and economic justice to
all the citizens including minimum standard of economic security, civilised living, capacity to
secure social status and culture to keep good health etc. They are the ideals of the Government,
which must keep in mind in the administration and while making laws. Thus Directive
Principles of State Policy is important in the democracy.

Nature and Scope: According to Article 37, the Directive Principles of State Policy are non-
justiciable. They are not enforceable by any Court. Even though the Directive Principles are
unenforceable, they bind all the organs of the Government. They are fundamental in the
governance of the country. The Constitution imposes a duty on the Government to apply these
Directive Principles while making laws. They are the life-giving provisions of the Constitution.
3. Doctrine of Eclipse.

Eclipse means hide or cover. Sometimes the law becomes ineffective or inoperative for the time
being. This is called eclipse. According to Article 13, any pre-constitutional Statute, which is
inconsistent with the fundamental rights, shall become void. Such law got into a dormant or
morbid or dark state. The provisions of a Statute may not have force during the period of

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eclipse. Such unconstitutional provisions may be removed by an amendment and becomes

enforceable. The doctrine of eclipse is not applicable to post-Constitutional laws and not non-
citizens.

4. Doctrine of Severability

Severability means separability. It means, where only a part of the law is inconsistent with or
contravenes the fundamental rights, it is only that part which shall be void under Article 13 and
not the whole of the law. It separates the valid portion of law from the invalid portion. If the
provisions of the legislation are not possible for separation, the entire legislation is treated as
void.

5. Doctrine of Waiver

Waiver means losing or giving up. Fundamental rights are guaranteed to every citizen. Waiver
is voluntary relinquishment or abandonment (rejection) of a known existing legal right or
privilege. According to the doctrine of waiver it is not open to a citizen to waive any of the
fundamental rights guaranteed by the Constitution. The citizen has no right to waive the
fundamental rights. They are provided not only for the benefit of the individuals but also for the
benefit of the general public.

6. Double Jeopardy.

Article 20(2): ‘No person shall be prosecuted and punished for the same offence more than
once’. Article 20(2) prohibits second trial or double punishment for the same offence more than
once. Double jeopardy is based on the Common Law principle ‘nemo debt vis vexari’ that
means ‘a man must not be put twice in peril for the same offence’.

Essentials

1. The person must be accused of an offence

2. The person must have been prosecuted before a Court or judicial tribunal
3. There must be prosecution and punishment in the previous proceedings
4. There must be second prosecution and punishment

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5. The offence must be the same in both proceedings

6. Equal Pay for Equal Work.

Article 39 The State shall direct its policy towards securing:

a. Equality between men and women, have the right to an adequate means
of livelihood
b. Ownership and control and distribution of the material resources of the
for the common good
c. Prevention of concentration of wealth
d. Equal pay for equal work for both men and women
e. The health and strength of workers
f. Development of children
State of Haryana v. H.C.S Personal Staff Association AIR 2002 SC 2589 The Government
had fixed various scales for various posts. The petitioners challenged the variations and
demanded for equality in pay. The Court held that equal pay for equal work is not a fundamental
right of an employee but it is only a Constitutional goal to be achieved by the Government.
In Randhir Singh v. Union of India AIR 1982 SC 879, Mahatma Phule Agricultural
University v. Nasik Zilla Sheth Kamgar Union AIR 2001 SC 3228 the MPAU granted higher
rate of wages to some of its workers who works on daily wage basis. The Court held that equal
pay for equal work applies to the daily wagers also.
7. Expost Facto Law.

‘No person shall be convicted of any offence except for violation of a law in force at the time of
the commission of the act charged as an offence, nor be subjected to a penalty greater than that
which might have been inflicted under the law in force at the time of the commission of the
offence’. Ex-post facto Law means a law, which is enacted subsequent to the commission of the
crime. There cannot be a conviction except for violation of a law in force. Though the
legislature has power to make law retrospectively, Article 20(1) prohibits the legislature from
creating an offence for an act, which at the time of commission was not an offence or the
imposition of a penalty greater than that which was provided under the law. The object of this
clause is to prevent a person from being punished for an act or omission, which was considered

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innocent when it was done. This is based on the principle that ‘if an act was not an offence at
the time when it was committed, it cannot be an offence at the date subsequent to its
commission’.

8. Federalism.

Federalism is a system of government in which a written constitution divides power between a

Central Government and Regional or Sub-divisional Governments. Both types of government
act directly upon the people through their officials and laws. It is a political concept in which a
group of members are bound together by covenant with a governing representative head.
Federalism is a system based upon democratic rules. Federalism works on the basis of principles
of a contract. The Centre and the State or local units form a federation on the basis of mutual
and voluntary agreement. The Union of States by conquest cannot be called a federal union.
The State or local units never surrender their complete authority or power to the Centre. It
ensures that government remains close to the people. The State Governments are more in tune
with the daily needs and aspirations of the people. It encourages development of the nation in a
decentralised and regional manner and allows for unique and innovative methods for tackling
social, economic and political problems. This form of Government is also called a Federation or
a Federal State. The supporters of federalism are often called federalists.

Features of Federal Constitution

1. Written Constitution
2. Supremacy of the Constitution
3. Distribution of legislative powers between the Centre and the States
4. Rigidity of the Constitution
5. Independent judiciary
9. Forced Labour/ Bonded Labour

Article 23 deals with prohibition of traffic in human beings and forced labour i.e., slavery.
Traffic in human beings means selling and buying men and women like goods and includes
immoral traffic in women and children for immoral or other purposes. Those acts, which result
in traffic in human beings, are punishable under the Immoral Traffic (Prevention) Act, 1956.

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Article 23 includes slavery and bonded labour. This Section protects individual not only against
the State but also private citizens. The protection under this Section is available to both citizens
and non-citizens. It is the duty of the State to take necessary steps to abolish the evils of traffic
in human beings, begar and other similar forms of forced labour in the country. ‘Begar’ means
compelling a person to work without payment or remuneration.
According to Article 23, no person shall be forced to provide labour or service against his
will even under contract of service.

10. Free Legal Aid

Legal aid is the provision of assistance to people otherwise unable to afford legal representation
and access to the court system. Legal aid is regarded as central in providing access to justice by
ensuring equality before the law, the right to counsel and the right to a fair trial. This article
describes the development of legal aid and its principles, primarily as known in Europe, the
British Commonwealth, India and the United States.A number of delivery models for legal aid
have emerged, including duty lawyers, community legal clinics and the payment of lawyers to
deal with cases for individuals who are entitled to legal aid.Legal aid is essential to guaranteeing
equal access to justice for all, as provided for by Article 6.3 of the European Convention on
Human Rights regarding criminal law cases. Especially for citizens who do not have sufficient
financial means, the provision of legal aid to clients by governments will increase the likelihood,
within court proceedings, of being assisted by legal professionals for free (or at a lower cost) or
of receiving financial aid.

Article 39A of the Constitution of India, provides for equal justice and free legal aid:

"The State shall secure that the operation of the legal system promotes justice, on a basis of equal
opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or
in any other way, to ensure that opportunities for securing justice are not denied to any citizen by
reason of economic or other disabilities."

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11. Freedom of movement.

Freedom of movement is guaranteed to all the citizens under Article (19)(1)(d) of the
Constitution of India. However, the State is empowered to impose restrictions on this freedom
under Article 19(5) in the interest of ‘general public’ or ‘for the protection of the interest of any
Scheduled Tribe’. In N.B. Khare v. State of Delhi AIR 1950 SC 211 the Order of Magistrate
issued under the East Punjab Safety Act, 1949, directed the petitioner to remove himself
immediately from Delhi District and not to return there for a period of three months. The
Supreme Court held that the Order issued under the Act, in the interest of general public was not
violative of freedom of movement.

12. Freedom of press.

Freedom of speech and expression includes liberty of press and also subject to reasonable
restrictions. In Brij Bhushan v. State of Delhi AIR 1950 SC 129 the Government issued an
Order to the publisher and editor of an English weekly ‘The Organiser’ published from Delhi,
directing them to submit a duplicate copy before its publication. The Supreme Court struck
down the Order as violative of Article 19(1)(a).
In Romesh Thaper v. State of Madras AIR 1950 SC 124, the Government by an Order, imposed
a ban upon the entry and circulation of the petitioner’s weekly journal called ‘Cross Roads’
printed and published from Bombay. The Supreme Court pointed out that ‘liberty of circulation
is as essential to that freedom as the liberty of publication. Indeed, without circulation, the
publication would be of little value. Thus the Supreme Court held the Order invalid as violative
of Article 19(1)(a).
In Express Newspapers v. Union of India AIR 1958 SC 578 the Supreme Court held that a law
which imposes pre-censorship or curtails the circulation or prevents newspapers from being
started was violative of Article 19(1)(a).
13. Freedom of speech.

Freedom of speech and expression is guaranteed to all the citizens under Article 19(1)(a) of the
Constitution of India. It means the right to express one’s own opinions freely by words of
mouth, writing, printing, pictures, drawing, procession, singing, dancing, film, puppet show or

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visible representations such as, gestures, signs etc. Freedom of speech and expression is the
foundation of democracy. (Sakal Papers Pvt. Ltd v. Union of India AIR 1962 SC 305)
Purpose of Freedom of Speech and Expression
It helps an individual to attain self-fulfilment
It assist in the discovery of truth
It provides a mechanism by which it would be possible to establish a reasonable balance between
stability and social change
It helps in exchange of beliefs freely
Restrictions or limitations: The freedom of speech and expression is not absolute but subject
to the reasonable restrictions under Article 19(2) namely, sovereignty and integrity of India,
security of the State, friendly relations with Foreign States, public order, decency or morality or
contempt of Court, defamation or incitement to an offence.

14. Fundamental duties.

Fundamental duties of the citizen of India are dealt under Part IV-A of the Constitution of India.
They were added to the Constitution of India by the Constitution (42 nd Amendment) Act, 1976.
According to Article 51-A, it shall be the duty of every citizen of India:

a. To abide by the Constitution and respect its ideals and institutions, the national flag and
the national anthem
b. To cherish and follow noble ideals which inspired our national struggle for freedom
c. To uphold and protect the sovereignty, unity and integrity of India
d. To defend the country and render national service when called upon to do so
e. To promote harmony and the spirit of common brotherhood amongst all the people of
India transcending religious, linguistic and regional or sectional diversities; to renounce
practices derogatory to the dignity of women
f. To value and preserve the rich heritage of our composite culture
g. To protect and improve the natural environment including forests, lakes, rivers and wild
life, and to have compassion for living creatures
h. To develop the scientific temper, humanism and the spirit of enquiry and reform

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i. To safeguard public property and to abjure violence

j. To strive towards excellence in all spheres of individuals and collective activity, so that
the nation constantly rises to higher levels of endeavour and achievement.
We cannot claim rights without fulfilling the duties. Rights and duties are correlative. There
cannot be a right without duty. The right of one person may be the right of other person. It is a
wrong belief that our Constitution provides only rights and no duties.
15. Gender justice.

Discrimination means inequality. According to Article 14 of the Constitution no man is above

law and every person is equal before law. Article 15 (1) and (2) prohibits discrimination against
any citizen in any matter by the State based on religion, race, caste, sex or place of birth. Article
15(3) and (4) are the exceptions through which the State is empowered to make special
protection called ‘protective discrimination’. This right is available to citizens only.

Article 15(1): According to Article 15(1), the State is prohibited to discriminate between
citizens only on the grounds of religion, race, caste, sex, and place of birth or any of them. Any
discrimination on these grounds can be declared as invalid. e.g. U.P. Court of Wards Act,1912,
which deprived a female to hold and enjoy her property on the ground of her ‘sex’, was held
violative of Article 15(1).

16. Locus standi

Locus standi means power to challenge. The rule of locus standi have been relaxed and a person
acting bonafide and having sufficient interest in the proceeding of Public Interest Litigation will
alone have a locus standi and can approach the court to wipe out violation of fundamental rights
and genuine infraction of statutory provisions, but not for personal gain or private profit or
political motive or any oblique consideration (Ashok Kumar Pandey v. State of W. B., (2004) 3
SCC 349).

17. Preventive Detention.,

Generally persons may be arrested after committing the offences, but sometimes arrest is made
only to prevent a person from indulging in any conduct injurious to the society. Preventive
detention is an anticipatory action to prevent apprehended objectionable activities.

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Article 21 guarantees fundamental right to life and personal liberty. The person’s life and
liberty can be taken away only by the procedure provided by a valid law. However, the
procedure prescribed under the preventive detention law must be reasonable and just and fair in
accordance with Article 14, 19 and 21 of the Constitution. The State is authorised to make
preventive detention laws to prevent the abuse of freedom by anti-social elements in the interest
of security of a State, the maintenance of public order, or the maintenance of supplies and
services essential to the community. Constitution of India recognises preventive detention in
normal times also in the interest of national welfare. Thus Article 22 is an extension of Article
21.
Persons detained under the law of ‘preventive detention’: Article 22 (4), (5), (6) and (7)
guarantee four rights on the person who is arrested under the law of ‘preventive detention’. They
are:
1. No detention beyond three months without approved by the Advisory Board
2. The detaining authority must communicate the grounds of detention to the detenue
3. The detenue must be given opportunity to represent against the order of detention
4. No detention beyond the maximum period prescribed by law made by Parliament

18. Protective Discrimination.

Article 15(3): Special protection for Women and Children: This is also known as ‘protective
discrimination’. According to Article 15(3) State is empowered to make special provisions for
women and children because they require special treatment on account of their very nature,
physical structure and performance of maternal functions. The object of Article 15(3) is to
strengthen and improve the status of women and children.

In Dattatraya v. State AIR 1953 Bom 311 the reservation of seats for women in a college does
not violate Article 15(1).

In Yusuf Abdul Aziz v. State of Bombay AIR 1954 SC 321 Sowmithri Vishnu v. Union of India
AIR 1985 SC 1618 Revathi v. Union of India AIR 1988 SC 835 Section 497 of Indian Penal
Code, 1860 which punishes only man for adultery and exempts the woman from punishment

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even though she may be equally guilty as an abettor was held to be valid since the classification
was not based on the ground of sex alone.

19. Public Interest Litigation.

According to the jurisprudence of Article 32 of the Constitution of India, “The right to move the
Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this
part is guaranteed”. Ordinarily, only the aggrieved party has the right to seek redress under
Article 32. In 1981 Justice P. N. Bhagwati in .S. P. Gupta v. Union of India, 1981 (Supp) SCC
87, articulated the concept of PIL as follows, “Where a legal wrong or a legal injury is caused to
a person or to a determinate class of persons by reason of violation of any constitutional or legal
right or any burden is imposed in contravention of any constitutional or legal provision or
without authority of law or any such legal wrong or legal injury or illegal burden is threatened
and such person or determinate class of persons by reasons of poverty, helplessness or disability
or socially or economically disadvantaged position unable to approach the court for relief, any
member of public can maintain an application for an appropriate direction, order or writ in the
High Court under Article 226 and in case any breach of fundamental rights of such persons or
determinate class of persons, in this court under Article 32 seeking judicial redress for the legal
wrong or legal injury caused to such person or determinate class of persons.”

The rule of locus standi have been relaxed and a person acting bonafide and having sufficient
interest in the proceeding of Public Interest Litigation will alone have a locus standi and can
approach the court to wipe out violation of fundamental rights and genuine infraction of statutory
provisions, but not for personal gain or private profit or political motive or any oblique
consideration (Ashok Kumar Pandey v. State of W. B., (2004) 3 SCC 349).

20. Right to Life and personal liberty & Right to privacy.

Right to life and personal liberty: ‘No person shall be deprived of his life or personal liberty
except according to the procedure established by law’. According to Article 21, every person has
a right to life and personal liberty. The right under Article 21 is available to both citizens and
non-citizens. It applies only to natural persons. This right can be claimed only when the right to

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life or personal liberty is deprived by the State and not by a private individual. However, the
State can interfere with the life and liberty of persons only through a valid law.

Article 21 provides two rights, namely;

1. Right to life;
2. Right to personal liberty
Essentials
1. There must be a valid law
2. The law must prescribe the procedure
3. The procedure must be just, fair and reasonable
4. The law must fulfil the requirements of Article 14 and 19
Kharak Singh v. State of U.P AIR 1963 SC 1295, Kharak Singh was charged in a decoity case
and released, as there was no evidence against him. Subsequently, U.P Police Regulations
authorised the police for secret picketing of his house, domiciliary visits at nights and
verification of his movements and activities. The Supreme Court held that such regulations
authorising domiciliary visits was plainly violative of Article 21. However, depending upon the
character and antecedents of the person subject to surveillance and the object and limitations
under which surveillance is made, it cannot be said that surveillance by domiciliary visits would
always be unreasonable restriction upon the right to privacy.

21. Rule of law.

Rule of law means equality before law. No man is above law and that every person, whatever
being his rank or conditions is subject to the jurisdiction of ordinary Courts. Equality before law
is the basic structure of the Constitution. It cannot be destroyed even by the Constitutional
amendment under Article 368. (Indira Nehru Gandhi v. Raj Narain, AIR 1975 SC 2299.
According to Professor Diecy the rule of law means:

Absence of Arbitrary power or It means the absolute supremacy of law as opposed to the
Supremacy of law arbitrary power of the Government.

Equality before the law: It means subjection of all classes to the ordinary law of the land

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administered by ordinary law Courts.

The Constitution is the result It means that the source of the right of individuals is not the
of the ordinary law of the written Constitution but the rules as defined and enforced by
land: the Courts.

22. Secularism.

The Constitution of India stands for a secular State. The State has no official religion. In
matters of religion, the State is neutral. It does not interfere with any religion. Valsmma Paul v.
Cochin University AIR 1996 SC 1011. It provides full opportunity to all persons to profess,
practice, and propagate any religion of their own choice.

S.R. Bommai v. Union of India 1994 3 SCC , Ismail Faruqui v. Union of India 1994 6 SCC
360, the Court held that secularism is the basic feature of the Constitution. Religious tolerance
and equal treatment of all religious groups and protection of life, property and place of worship
are essential part of secularism.

23. Self-Incrimination.

Article 20(3): ‘No person accused of any offence shall be compelled to be a witness against
himself’.
Essentials
1. The person must be an accused of an offence
2. There must be compulsion against accused to give evidence
3. It must be against himself
According to the general principles of criminal law ‘every person is presumed to be innocent till
the guilt is proved. The accused need not accept his guilt. The burden of proof is on the
prosecution to prove the guilt of the accused. Therefore, no accused shall be forced to make any
admission or statement against his free will. The protection under Article 20(3) is available to
both citizens and non-citizens including in companies.

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24. Uniform Civil Code

25. Directive Principles of State Policy are dealt under Part IV of the Constitution of India.
They were borrowed from the Constitution of Ireland. Welfare State is the basis for
Directive Principles of State Policy. The aim of these principles is to secure social and
economic justice to all the citizens including minimum standard of economic security,
civilised living, capacity to secure social status and culture to keep good health etc. They
are the ideals of the Government, which must keep in mind in the administration and
while making laws. Thus Directive Principles of State Policy is important in the
democracy.

Article 44 The State shall secure for the citizens a uniform civil code throughout the
territory of India.
26. Untouchability

Article 17 abolishes and forbids its practise in any form. Untouchability is a product of Hindu
Caste System under which particular section among Hindus had been looked down. According
to Gandhi untouchability is a great sin. Preaching or practising untouchability either directly or
indirectly is an offence punishable by law.
The Protection of Civil Rights Act, 1955 prescribes punishments for the practice of
untouchability. Any discrimination on the ground of untouchability is an offence. e.g. social
boycott resulting from caste. Justifying untouchability on historical, philosophical or religious
grounds or tradition of the caste system is also offence. The Act imposes a duty on public
servant to investigate such offences. If a pubic servant, wilfully neglects the investigation of any
offence punishable under this Act he shall be deemed to have abetted an offence punishable
under this Act. The punishment ranges from six months to seven years and also fine.
Article 15(2) also prohibits untouchability and provides that no person can be denied access to
shops, public restaurants, hotels and places of entertainment or the use of wells, tanks, bathing
ghats, road and places of pubic resort maintained wholly or partly out of State funds or dedicated
to the use of general public.

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The Parliament of India enacted the SC and ST (Prevention of Atrocities) Act, 1989 to prevent
the commission of offences or atrocities against the members of the Scheduled Castes and the
Scheduled Tribes. It provides for the establishment of Special Courts.
27. Writ of Habeas Corpus

Habeas means ‘You have’ and Corpus means ‘body Habeas corpus means you have the body.
According to Halsbury’s Law of land writ of Habeas Corpus is a prerogative process for securing the
liberty of the subject by affording an effective means of immediate release from unlawful or
unjustifiable detention and is available against the executive. In other words the Court directs the
person or authority who has detained another person to bring the body of the prisoner before the
Court so that the Court may decide the validity, jurisdiction or justification for such detention. It is the duty of
the detaining authority to justify the cause of detention. If there is no valid reason for detention, the
Court will immediately order the release of the detained person.The object of this writ is to release a
person who is illegally detained. It secures the release of a person from illegal detention either in
prison or in private custody. It can be issued against any private person or executive authority.
Conditions
1. There must be illegal detention of a person
2. The detention must be illegal at the time of filing the petition
3. The detention must be unwarranted by law
28. Writ of Mandamus
Mandamus is an order by supreme Court or High Courts to any public authority to do or not |to do
something in the nature of public duty. It is issued against the persons or authorities who fail to
perform their mandatory duties. This writ acts as a corrective to irresponsible in official in
action. For the purpose of issuing writ of mandamus, the officer must have a pubic duty and must
fail to perform such duty. e.g, A licensing officer has a duty to issue licence to the persons who
fulfils the necessary conditions. Despite the fulfillment of all the necessary conditions by the
applicant, if the licensing officer fails to issue licence, the aggrieved-applicant has a right to seek
the remedy through a writ of mandamus.
Conditions
1. The petitioner must have right to compel the performance of duty
2. There must be public duty upon the respondent

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3. The duty must be mandatory duty cast by law

4. The petitioner must have demanded for such performance
5. The public authority must have failed to perform or
6. The public authority must have refused to perform pubic duty
29. Writ of Quo warranto
‘Quo warranto’ means ‘what is your authority?’ It is an order questioning the authority of a
person holding a public office. It is(issued against the holder of a public office calling upon him
to show with what authority he hols such office. The object of this writ is to control the
executive action in making appointments to the public offices and also to protect the pubic from
usurpers of public offices.
Conditions
1. The office must be a public office
2. The office must be substantive in character with independent title
3. The respondent must not be legally qualified to hold public office
4. The respondent must have held the office against the law
30. Writ of Certiorari
Certiorari means ‘to certify’. It is an Order by the Supreme Court or the High Courts to an inferior Court to
remove a suit from such inferior Court and adjudicate upon the validity of the proceedings or to quash the Orders
of the inferior Court. Writ of Certiorari can be issued against not only against an inferior Court, but also
against a body exercising judicial or quasi-judicial functions. This writ is issued under the supervisory
jurisdiction and not under appellate jurisdiction. It may be invoked in the following two circumstances.
1. Before the trial to prevent an excess or abuse of jurisdiction and remove the case for trial to higher Court.
2. After trial to quash an order which has been made without jurisdiction or in violation of the principles of natural
justice.
Conditions
1. There must be want or excess of jurisdiction
2. The principles of natural justice must be violated
3. There must be an error of law on the face of the judicial record
When can a writ of Certiorari be granted?

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A. Whenever any body of persons having legal authority to determine questions affecting the rights
of subject and having the duty to act judicially, acts in excess of their legal authority
31. Writ of Prohibition
Prohibition means ‘to prevent’. Each Court is expected to act within the limits of their
jurisdiction. A writ of prohibition is issued to prevent inferior Court of Tribunal from exceeding
its jurisdiction, which is not legally vested, or acting without jurisdiction or acting against the
principles of natural justice. It compels the inferior court to keep within the limits of jurisdiction.

Who can apply for the writ of Prohibition1? The person whose right is violated can apply for the writ of
Prohibition.
When can a writ of Prohibition be granted?
1. When the inferior Court exceeds it’s jurisdiction
2. When the inferior Court acts without lawful jurisdiction
3. When the inferior Court acts against the rule of natural justice
4. When there is an apparent error on the face of the judicial record

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