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Consider the following statements about Quo Warranto.


1. The writ can be issued only in case of a substantive public office of a permanent character created by a statute or by the Constitution.


2. It cannot be issued in cases of ministerial office or private office.


Which of these statements is/are correct?

  • a)
    1 Only

  • b)
    2 Only

  • c)
    Both 1 and 2

  • d)
    None of them

Correct answer is option 'C'. Can you explain this answer?
Most Upvoted Answer
Consider the following statements about Quo Warranto.1. The writ can b...
The writ can be issued only in case of a substantive public office of a permanent character created by a statute or by the Constitution. It cannot be issued in cases of ministerial office or private office. Both statement 1 and 2 are correct.
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Consider the following statements about Quo Warranto.1. The writ can b...
Quo Warranto:

Quo Warranto is a writ that is used to inquire into the legality of the claim of a person to a particular public office. It is issued by a court of law to a person who is holding a public office or has usurped a public office.

Statements about Quo Warranto:

1. The writ can be issued only in case of a substantive public office of a permanent character created by a statute or by the Constitution.

This statement is correct. Quo Warranto can be issued only for a substantive public office, which is created by a statute or by the Constitution. It cannot be issued for an office that is not created by law.

2. It cannot be issued in cases of ministerial office or private office.

This statement is incorrect. Quo Warranto can be issued not only for a substantive public office but also for a ministerial office or a private office. If a person is holding a ministerial office or a private office without any legal authority, then Quo Warranto can be issued against that person.

Therefore, the correct option is (c) Both 1 and 2.
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