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 Constitu- tion itself. 2. The office must be a sub- stantive one and not merely the function

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Q: 30 (CDS-I/2012)
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 Constitu- tion itself.
2. The office must be a sub- stantive 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 contraven- tion of the Constitution or a Statute or Statutory Instru- ment, in appointing such person to that office.

Select the correct answer using the codes given below—

question_subject: 

Polity

question_exam: 

CDS-I

stats: 

0,34,47,17,16,14,34

keywords: 

{'quo warranto': [0, 0, 0, 4], 'conditions': [0, 0, 0, 1], 'constitution': [39, 3, 11, 39], 'statute': [0, 0, 1, 2], 'writ': [0, 0, 0, 2], 'office': [5, 1, 2, 4]}

The correct answer is option 4: 1, 2, and 3.

Let`s break down the conditions necessary for the issue of a writ of quo warranto:

1. The office must be public and must be created by a Statute or by the Constitution itself.

This means that the office in question must be a public office established either by a law or by the Constitution. Private offices or positions created by private entities would not meet this requirement.

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.

This condition states that the office should have a substantive role or function, and not be a mere position of employment under someone`s authority. The office-holder should have certain powers and responsibilities associated with the position.

3. There has been a contravention of the Constitution or a Statute or Statutory Instrument in appointing such person to that office.

This condition specifies that there must be a violation of the Constitution, a law, or a statutory instrument in the appointment of the person holding the office. It implies that the appointment was done in a manner that goes against the legal provisions governing such appointments.

Therefore, the correct answer is option 4,