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Q23 (CDS-II/2020) Polity & Governance › Judiciary › Judicial review Answer Verified

Which one of the following is not the necessary condition for the issue of a writ of o Warranto?

Result
Your answer: —  Â·  Correct: C

Explanation

The writ of Quo Warranto is a judicial remedy used to challenge the legality of a person's claim to a public office. For the writ to be issued, several specific conditions must be met. First, the office in question must be a public office [2]. Second, the office must have been created by a statute or directly by the Constitution [2]. Third, there must have been a clear contravention of the Constitution or a statute in the appointment of the person to that office [1]. Crucially, the office must be a substantive one, meaning it is an independent position and not merely the employment of a servant at the will of others [2]. Therefore, the statement that the office 'must not be a substantive one' is incorrect, as being substantive is a mandatory requirement for the writ's issuance.

Sources

  1. [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
  2. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > Quo-Warranto > p. 100
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SIMILAR QUESTIONS

CDS-I · 2012 · Q30 Relevance score: 7.12

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—

CDS-II · 2019 · Q4 Relevance score: 4.96

Which one of the following con- ditions laid down in the Consti- tution of India for the issue of a writ of Quo-Warranto is not correct?

CDS-I · 2023 · Q59 Relevance score: 1.91

Which of the following conditions is/are necessary for the issue of a writ of certiorari in India?

  1. There should be a tribunal or an officer, having legal authority to determine questions affecting rights of subjects and having a duty to act judicially.
  2. Such tribunal or officer has acted without jurisdiction.

Select the correct answer using the code given below.

IAS · 2022 · Q88 Relevance score: 0.44

With reference to the writs issued by the Courts in India, consider the following statements: 1. Mandamus will not lie against a private organisation unless it is entrusted with a public duty. 2. Mandamus will not lie against a Company even though it may be a Government Company. 3. Any public minded person can be a petitioner to move the Court to obtain the writ of Quo Warranto. Which of the statements given above are correct?

CDS-II · 2010 · Q77 Relevance score: -0.59

Which of the following statements is/are correct ?, 1. In India the constitutional remedy under Article 32 is available only in case of fundamental rights, not in the case of rights which follow from some other provision in the Constitution. . 2. Both the Supreme Court and High Courts can issue the writs of habeas corpus, mandamus prohibition, certiorari and quo warranto only for the purpose of enforcement of . fundamental rights. Select the correct answer using the code given below :