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Which one of the following conditions laid down in the Constitution of India for the issue of a writ of Quo- Warranto is not correct?

Which one of the following conditions laid down in the Constitution of India for the issue of a writ of Quo- Warranto is not correct? Correct Answer The appointment is in tune with a statutory provision

'Quo-Warranto' literally means 'by what warrant or authority.'

  • The writ is issued by the court to enquire into the legal claim of a person for a public office.
  • Any usurpation of the public office by a person who is not legally entitled to do so.
  • A writ can be issued only in case of a substantive public office having a permanent character created either by the Constitution or by a statute.
  • The writ cannot be issued against a private office or a ministerial office.
  • This writ can be sought by any interested person and not necessarily by an aggrieved person.
  • If the appointment is in tune with a statutory provision, then Quo-Warranto cannot be issued. Hence, Statement 4 is incorrect.

Related Questions

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:
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 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.
The Indian Constitution empowers the Supreme Court to issue writs for the enforcement of any of the Fundamental Rights conferred by the Part III of the Indian Constitution under Article 32. Match the writs (List I) with their meaning (List II): List I (Writ)  List II (Meaning) A. Habeas Corpus I. We command B. Mandamus II. You may have the body C. Certiorari III. What is your authority D. Quo Warranto IV. To be certified  Select the code for the correct answer from the options given below:
Which one of the following is not the necessary condition for the issue of a writ of Quo Warranto?
Consider the following statements. 1. The Supreme Court is empowered to issue writs including habeas corpus, mandamus, prohibition, quo-warranto, and certiorari. 2. The writ jurisdiction of the supreme court is wider than that of the High Court. Which among the above statements is/are correct?
Article 233A was introduced into the Constitution of India to validate the appointments of, and judgments, etc. delivered by certain District Judges. In which among the following cases were those appointments invalidated in a writ of Quo-warranto?
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 ?
Arrange the following writ in the correct sequence as given in the Indian Constitution.
1. Certiorari
2. Habeas Corpus
3. Quo Warranto
4. Prohibition
5. Mandamus