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?

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Submitted by examrobotsa on

Q: (CDS-II/2019)

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?

question_subject: 

Polity

question_exam: 

CDS-II

stats: 

0,33,57,15,21,21,33

keywords: 

{'warranto': [0, 0, 0, 1], 'constitution': [39, 3, 11, 39], 'statutory provision': [0, 0, 0, 2], 'statute': [0, 0, 1, 2], 'writ': [0, 0, 0, 2], 'appointment': [7, 1, 5, 11], 'india': [8, 1, 7, 13], 'office': [5, 1, 2, 4]}

The correct answer is option 4.

Option 1 states that for a writ of Quo-Warranto to be issued, the office must be public and created by a statute. This means that the office in question must be a public office and its creation must be authorized by a law.

Option 2 states that the office must be a substantive one. This means that the office must have actual power and authority, rather than being a nominal or honorary position.

Option 3 states that there must be a violation of the Constitution or a statute in the appointment of the person to that office. This means that there must be some violation or illegality in the process of appointing the person to the office in question.

Option 4, which is the correct answer, states that the appointment is in tune with a statutory provision. This means that the appointment of the person to the office must be in accordance with the requirements and provisions laid down in a statute. So, option 4 is incorrect as it contradicts the conditions laid down in the Constitution for the issue of a writ of Quo-Warranto.