Bissoy.com
Doctors Medicines MCQs Q&A

Which of the following conditions are necessary for the issue of a writ of 'Quo Warranto'? (a) The office must be public and must be created by a statute or by the Constitution itself. (b) The office must be substantive and not merely the function or employment of the servant at the will and during the pleasure of another. (c) There has been a contravention of the Constitution or a statutory instrument in appointing such a person to the office.

Which of the following conditions are necessary for the issue of a writ of 'Quo Warranto'? (a) The office must be public and must be created by a statute or by the Constitution itself. (b) The office must be substantive and not merely the function or employment of the servant at the will and during the pleasure of another. (c) There has been a contravention of the Constitution or a statutory instrument in appointing such a person to the office. Correct Answer (a), (b) and (c) 

The correct answer is (a), (b) and (c).

Key Points

  • Quo-Warranto in its literal sense means "by what authority".
  • It is used by the court to enquire into the legality of the claim of a person to a public office.
  • The writ can be used only in case of a substantive public office of a permanent character.
  • It cannot be used in the case of ministerial office.
  • The conditions necessary for the issue of a writ of Quo Warranto are:
    • The office must be public and it must be created by a statute or by the constitution itself.
    • The office must be a substantive one and not merely the function or employment of a servant at the will and during the pleasure of another.
    • There has been a contravention of the Constitution or a statute or statutory instrument, in appointing such person to that office.
  • Writs are issued under Article 32 and 226 by the Supreme Court and High Court respectively.

Additional Information

  • Other writs-
    • Certiorari in its literal sense means 'to be certified'.
    • Mandamus in its literal meaning is 'we command'.
    • Habeas Corpus is a Latin word that literally means 'to have a body of'.
    • Prohibition means 'to forbid'. 

Related Questions

Which of the following conditions are necessary for the issue of 'writ' of quo-warranto? A. The office must be public and must be created by a statute or by the Constitution itself B. The office must be a substantive one and not merely the function or employment of a servant at the will and during the pleasure of another. C. There has been a contravention of the Constitution or a statutory instrument, in appointing such person to that office. Choose the correct answer:
Which of the following distinction(s) is/are not correct between public issue and rights issue? (A) In public issue, applications for shares are invited from the general public and in rights issue, the shares are offered to existing shareholders. (B) In public issue there is no question of any over-subscription and in rights issue the shares may be under subscribed or over subscribed leading to prorata allotment. (C) The price of public issue is generally less than the market price and in rights issue, the price is deliberately made less than the market price. (D) In a public issue, the communication of the issue is through prospectus or advertisements and in a rights issue the communication is between the company and the existing members of the company. Choose the most appropriate answer from the options given below:
Which of the following combinations are not correctly matched?
1. Writ of Habeas Corpus: available against private individuals as well
2. Writ of Quo Warranto: available against subordinate courts only
3. Writ of Certiorari: available against state only
4. Writ of Prohibition: available against autonomous bodies only
Select the correct answer:
To constitute a matter of res judicata which of the following conditions must concur?
1. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually (section 11, explanation III) or constructively (section 11, explanation IV) in the former suit
2. The former suit must have been a suit between the same parties under whom they or any of them claim. Explanation VI of Section 11 must be read with this condition
3. The parties as aforesaid must have litigated under the same title in the former suit
4. The court which decided the former suit must have been a court competent to try the subsequent suit of the suit in which such issue has been subsequently raised. Explanation II of section 11 is to be read with condition
5. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the first suit. Explanation V of section 11 is to be read with this condition
Five politicians F, K, H, M and D not necessary in the same order conducted a meeting to put various issues like Budget, Employment, Poverty, Digitalization and Security. They all are sitting around a circular table facing center. F who is not the neighbor of H and K, puts issue on employment. H who is sitting between D and K puts issue on digitalization. M does not put issue on poverty. The one who puts issue on security sits immediate right of the one who puts issue on Budget. Determine the immediate neighbor of person who puts issue on digitalization?
Principle: When a statute authorizes the doing of an act, which would otherwise be a tort, the party injured has no remedy except the one, if any, provided by the statute itself. The act done in pursuance of statutory power must be done without negligence.
Facts: Delhi Metro Rail Corporation (DMRC) is authorized by a statute to build and run metro rails oh the specified routes in Delhi. One of the pillars of the metro line collapsed causing death of five persons. It was found that the pillar collapsed because the engineer has not properly inspected it. Dependants of the deceased claimed damages from Delhi Metro Rail Corporation (DMRC).
Read the passage carefully and select the best answer to each question out of the given four alternatives.
Public opinion may be passive and false or active and real. It is claimed in theory that all governments are ultimately based on the opinion or sanction of the governed. But we find that in practice the people's rights are often trodden down and tyranny and oppression are allowed to continue. The government does it not because the people want it to do so but because they are too idle, too uneducated and too disunited or timid to oppose the govern ment. Such public opinion is passive and false and not an active verdict. But when we find people alert, intelligent and determined to let the government know their will, when they want to exercise actively their voice in the management of their country, we have an instance of true or active public opinion. True public opinion is formed by and expressed through the press, the platform, political parties and educational institutions. These have sacred duties to perform, duties on which depends the ultimate good of the entire community. The press today wields a tremendous influence, So it should support the causes and move ments and condemn the wrong one's and thus teach people to form correct opinion. A free and fair press ventilates the grievances of the public. Thus a healthy relationship develops between the people and the government through out an unbiased press. Political parties also help to create and regulate opinions. No less important part is played by the educational Institutions which train the minds of the young people who will be the citizens of tomorrow. It has been said that modern Germany and China have been made by their universities. It is necessary that the young and the growing minds should imbibe the spirit of fellow-feeling, the spirit of tolerance, the habit of compromise, and show due regard for the feelings and opinion of others without which a democratic society cannot function, let alone succeed. When there is true awakening of the people, we shall have the real and conscious public opinion. And justice will reign on earth and truly will the voice of the people be the voice of God.
Which of the following is not the reason for the oppression caused to general public by the running government in the country?
Consider the following statements:
1. A public servant accepted gratification to show favour to a person.
2. A person expecting to become a public servant accepted gratification to show favour.
3. A person not expecting to be in office accepted gratification to show favour.
Which of the above amount to an offence by a public servant u/s 161 Indian Penal Code?
Read the passage carefully and select the best answer to each question out of the given four alternatives.
Public opinion may be passive and false or active and real. It is claimed in theory that all governments are ultimately based on the opinion or sanction of the governed. But we find that in practice the people's rights are often trodden down and tyranny and oppression are allowed to continue. The government does it not because the people want it to do so but because they are too idle, too uneducated and too disunited or timid to oppose the govern ment. Such public opinion is passive and false and not an active verdict. But when we find people alert, intelligent and determined to let the government know their will, when they want to exercise actively their voice in the management of their country, we have an instance of true or active public opinion. True public opinion is formed by and expressed through the press, the platform, political parties and educational institutions. These have sacred duties to perform, duties on which depends the ultimate good of the entire community. The press today wields a tremendous influence, So it should support the causes and move ments and condemn the wrong one's and thus teach people to form correct opinion. A free and fair press ventilates the grievances of the public. Thus a healthy relationship develops between the people and the government through out an unbiased press. Political parties also help to create and regulate opinions. No less important part is played by the educational Institutions which train the minds of the young people who will be the citizens of tomorrow. It has been said that modern Germany and China have been made by their universities. It is necessary that the young and the growing minds should imbibe the spirit of fellow-feeling, the spirit of tolerance, the habit of compromise, and show due regard for the feelings and opinion of others without which a democratic society cannot function, let alone succeed. When there is true awakening of the people, we shall have the real and conscious public opinion. And justice will reign on earth and truly will the voice of the people be the voice of God.
Who among the following has tremendous influence in forming the true public opinion?
Read the passage carefully and select the best answer to each question out of the given four alternatives.
Public opinion may be passive and false or active and real. It is claimed in theory that all governments are ultimately based on the opinion or sanction of the governed. But we find that in practice the people's rights are often trodden down and tyranny and oppression are allowed to continue. The government does it not because the people want it to do so but because they are too idle, too uneducated and too disunited or timid to oppose the govern ment. Such public opinion is passive and false and not an active verdict. But when we find people alert, intelligent and determined to let the government know their will, when they want to exercise actively their voice in the management of their country, we have an instance of true or active public opinion. True public opinion is formed by and expressed through the press, the platform, political parties and educational institutions. These have sacred duties to perform, duties on which depends the ultimate good of the entire community. The press today wields a tremendous influence, So it should support the causes and move ments and condemn the wrong one's and thus teach people to form correct opinion. A free and fair press ventilates the grievances of the public. Thus a healthy relationship develops between the people and the government through out an unbiased press. Political parties also help to create and regulate opinions. No less important part is played by the educational Institutions which train the minds of the young people who will be the citizens of tomorrow. It has been said that modern Germany and China have been made by their universities. It is necessary that the young and the growing minds should imbibe the spirit of fellow-feeling, the spirit of tolerance, the habit of compromise, and show due regard for the feelings and opinion of others without which a democratic society cannot function, let alone succeed. When there is true awakening of the people, we shall have the real and conscious public opinion. And justice will reign on earth and truly will the voice of the people be the voice of God.
According to the passage, which of the following is needed from the people to have true or active public opinion? 1. Alertness
2. Determination
3. Intelligence
4. Raising their voice