Which one of the following is not the necessary condition for the issue of a writ of Quo Warranto?
- A.The office must be a public office.
- B.The office must be created by the Statute or by the Constitution itself.
- C.The office must not be a substantive one.
- D.There has been a contravention of the Constitution or a Statute in appropriating such person to that office.
Correct answer
Explanation
The correct answer is C. For Quo Warranto the office must be a substantive one, so saying it must not be substantive is not a condition at all.
Quo Warranto means "by what authority". Through it the Supreme Court (Article 32) or a High Court (Article 226) asks a person holding a public office to show by what right he holds it, and can oust a person who has usurped it. The court issues it only when the office is public, created by the Constitution or a statute, substantive (of a permanent character, not merely a servant at someone's pleasure), and the holder was appointed in breach of the law. It cannot be sought for a private office, and any person, not only an aggrieved one, may ask for it.
A is wrong because a public office is a necessary condition.
B is wrong because creation by a statute or the Constitution is a necessary condition.
D is wrong because a contravention of law in the appointment is the very ground for the writ.
Exam tip: Quo Warranto, public and substantive office; it does not lie against a private or ministerial post.
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