Which among the following conditions are necessary for the issue of writ of quo warranto?

1. The office must be public and must be created by a Statute or by the Constitution itself.
2. The office must be a substantive one and not merely the function or employments of a servant at the will and during the pleasure of another.
3. There has been a contravention of the Constitution or a Statute or Statutory Instrument, in appointing such person to that office.

Select the correct answer using the codes given below—

The writ of quo warranto, meaning "by what authority," is a judicial remedy used to prevent the illegal usurpation of a public office [2]. For the writ to be issued, three primary conditions must be satisfied. First, the office in question must be a public office created by a statute or the Constitution itself [1]. Second, the office must be substantive in nature, meaning it is a permanent position with independent duties, rather than a mere employment at the will or pleasure of another [1]. Third, there must have been a clear contravention of the Constitution, a statute, or a statutory instrument during the appointment of the person to that office [1]. Unlike other writs, any public-spirited person can seek quo warranto, even if they are not personally aggrieved [2]. Since all three statements correctly describe these essential legal requirements, the correct answer is 1, 2, and 3.

Sources

1. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > Quo-Warranto > p. 100
2. [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Scope of the Writs: I. Habeas corpus. > p. 159