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Q4 (CDS-II/2019) Polity & Governance › Judiciary › Judicial review Answer Verified

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?

Result
Your answer: —  Â·  Correct: D

Explanation

The writ of Quo-Warranto is a judicial remedy used to challenge the legality of a person's claim to a public office. According to the established legal conditions, the writ can only be issued if the office is public in nature and was created by a statute or the Constitution [2]. Furthermore, the office must be a substantive one, meaning it is not merely a temporary employment at the will of another [1]. A critical condition for issuing the writ is that there must have been a contravention of the Constitution, a statute, or a statutory instrument during the appointment process [1]. Therefore, option 4 is incorrect because the writ is specifically intended to address cases where the appointment is NOT in tune with statutory provisions, but rather constitutes an unlawful usurpation of office [1].

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: 2.06

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—

CAPF · 2020 · Q55 Relevance score: 0.90

In relation to the fundamental duties enshrined in the Constitution of India, which one of the following is NOT correct ?

IAS · 2022 · Q88 Relevance score: 0.65

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: 0.30

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 :

CDS-I · 2023 · Q59 Relevance score: -0.32

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.