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Which one of the following is not the necessary condition for the issue of a writ of Quo Warranto?
- a)The office must be a public office.
- b)The office must be created by the Statute or by the Constitution itself.
- c)The office must not be a substantive one.
- d)There has been a contravention of the Constitution or a Statute in appropriating such person to that office.
- e)None of the Above/ More than one of Above
Correct answer is option 'C'. Can you explain this answer?
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Which one of the following is not the necessary condition for the issu...
- "The Office must not be a substantive one" is not the necessary condition for the issue of a Writ of Quo Warranto. Orders, warrants, directions, etc. issued under authority is an example of Writ.
- There are five major types of Writ viz. Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari.
Key Points
- Article 32 of the Indian Constitution empowers the Supreme Court of India to issue writs- Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari, for the enforcement of fundamental rights.
- By Article 226, the High Courts have also been empowered to issue writs, for the implementation of Fundamental Rights.
- The writ of Quo Warranto, which literally translates to 'by what authority is issued against a person holding a public office. This writ is issued to restrain a person from holding a public office to which he is not entitled.
- The writ of Quo Warranto is filed if there has been a contravention of the Constitution or a statute or statutory instrument, in appointing such person to that office.
- The office must be a substantive one and not merely the function or employment of a servant at the will and during the pleasure of another.
Important Points
- Types of Writs-
- Both the High Courts and the Supreme Court can be approached for violation or enactment of fundamental rights through five kinds of writs:
- Habeas corpus - related to personal liberty in cases of illegal detentions and wrongful arrests
- Mandamus - directing public officials, governments, courts to perform a statutory duty
- Quo Warranto - to show by what a warrant is a person holding public office
- Prohibition - directing judicial or quasi-judicial authorities to stop proceedings which it has no jurisdiction
- Certiorari - a re-examination of an order given by judicial, quasi-judicial, or administrative authorities.
- In civil or criminal matters, the first remedy available to an aggrieved person is that of trial courts, followed by an appeal in the High Court and then the Supreme Court.
- When it comes to the violation of fundamental rights, an individual can approach the High Court under Article 226 of the Supreme Court directly under Article 32.
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Which one of the following is not the necessary condition for the issu...
The necessary conditions for the issue of a writ of Quo Warranto are as follows:
a) The office must be a public office.
b) The office must be created by the Statute or by the Constitution itself.
c) The office must not be a substantive one.
d) There has been a contravention of the Constitution or a Statute in appropriating such person to that office.
Explanation:
a) The office must be a public office: This means that the office in question must be a government office or a position of public authority. Private offices or positions are not eligible for a writ of Quo Warranto.
b) The office must be created by the Statute or by the Constitution itself: This condition ensures that the office in question has a legal basis for its existence. It must be established either by a specific law or by the Constitution itself.
c) The office must not be a substantive one: This condition means that the office should not be a substantive office or a position that has an independent existence. A substantive office is a position that has its own rights, duties, and powers. Quo Warranto is applicable to offices that are held by individuals who are not entitled to them.
d) There has been a contravention of the Constitution or a Statute in appropriating such person to that office: This condition requires that there has been a violation of the Constitution or a Statute in appointing the person to the office in question. If the appointment or holding of the office is illegal or unconstitutional, a writ of Quo Warranto can be issued.
e) None of the Above/More than one of Above: This option is not the correct answer because all of the given conditions are necessary for the issue of a writ of Quo Warranto except option c. The office must not be a substantive one.
In conclusion, the correct answer is option c) The office must not be a substantive one. This condition ensures that the office in question is not a substantive office with independent rights and powers.
a) The office must be a public office.
b) The office must be created by the Statute or by the Constitution itself.
c) The office must not be a substantive one.
d) There has been a contravention of the Constitution or a Statute in appropriating such person to that office.
Explanation:
a) The office must be a public office: This means that the office in question must be a government office or a position of public authority. Private offices or positions are not eligible for a writ of Quo Warranto.
b) The office must be created by the Statute or by the Constitution itself: This condition ensures that the office in question has a legal basis for its existence. It must be established either by a specific law or by the Constitution itself.
c) The office must not be a substantive one: This condition means that the office should not be a substantive office or a position that has an independent existence. A substantive office is a position that has its own rights, duties, and powers. Quo Warranto is applicable to offices that are held by individuals who are not entitled to them.
d) There has been a contravention of the Constitution or a Statute in appropriating such person to that office: This condition requires that there has been a violation of the Constitution or a Statute in appointing the person to the office in question. If the appointment or holding of the office is illegal or unconstitutional, a writ of Quo Warranto can be issued.
e) None of the Above/More than one of Above: This option is not the correct answer because all of the given conditions are necessary for the issue of a writ of Quo Warranto except option c. The office must not be a substantive one.
In conclusion, the correct answer is option c) The office must not be a substantive one. This condition ensures that the office in question is not a substantive office with independent rights and powers.
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Which one of the following is not the necessary condition for the issue of a writ of Quo Warranto?a)The office must be a public office.b)The office must be created by the Statute or by the Constitution itself.c)The office must not be a substantive one.d)There has been a contravention of the Constitution or a Statute in appropriating such person to that office.e)None of the Above/ More than one of AboveCorrect answer is option 'C'. Can you explain this answer?
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