The writ of Quo Warranto is issued to:
- A.Inquire into the legality of a person's claim to a public office
- B.Release a person who has been unlawfully detained
- C.Command a public official to perform a duty
- D.Quash an order already passed by a lower court
Correct answer
Explanation
The correct answer is to inquire into the legality of a person's claim to a public office. Quo Warranto means "by what authority or warrant". Through it, a court asks a person holding a public office to show by what right they hold it, and if the claim is not valid, the court can remove them. It prevents the illegal usurpation of public offices.
Two features make it different from the other writs. First, it can be sought by any interested person, not necessarily the person aggrieved. Second, it applies only to a substantive public office created by a statute or by the Constitution; it cannot be issued for a ministerial office or a private office. The other options describe the other writs: releasing an unlawfully detained person is Habeas Corpus, commanding an official to perform a duty is Mandamus, and quashing an order already passed by a lower court is Certiorari. The five writs appear in Article 32 for the Supreme Court and in Article 226 for the High Courts.
Read the full article: Fundamental Rights (Articles 12–35): Notes, Writs and PYQs
Practice Questions
View allThe Fundamental Rights in the Indian Constitution are inspired by the ‘Bill of Rights’ of which of the following countries?
- A.Australia
- B.Japan
- C.The USSR
- D.The USA
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The Bill of Rights is the name given to the first ten amendments to the Constitution of the United States, adopted in 1791, which protect freedoms such as speech and religion against the government.
Read the full explanation →Which of the following is NOT a fundamental right after the 44th Amendment Act, 1978 of Indian Constitution?
- A.Right to property
- B.Right to equality
- C.Right against exploitation
- D.Right to religion
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When the Constitution came into force, property was protected as a Fundamental Right in two places: Article 19(1)(f), the freedom to acquire, hold and dispose of property, and Article 31, protection against being deprived of property.
Read the full explanation →The Fundamental Rights have been guaranteed to protect the public from repressive state actions; judicial decisions tend to expand the scope of the word 'State' as defined by _______ of the Indian Constitution.
- A.Article 12
- B.Article 14
- C.Article 15
- D.Article 13
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Most Fundamental Rights are claims against the State, so whoever counts as the "State" is bound by them.
Read the full explanation →Which article of the Constitution of India abolishes the concept of ‘untouchability’ and prohibits its practice in any shape or form?
- A.16
- B.15
- C.17
- D.14
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Article 17 abolishes untouchability, forbids its practice in any form, and makes the enforcement of any disability arising out of untouchability an offence punishable in accordance with law.
Read the full explanation →Article 19 of the Indian Constitution provides for how many types of freedoms?
- A.13
- B.44
- C.30
- D.6
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Article 19(1) gives every citizen six freedoms: speech and expression; to assemble peaceably and without arms; to form associations, unions or co-operative societies; to move freely throughout India; to reside and settle in any part of India; and to practise any profession or carry on any occupation, trade or business.
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