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?
The appointment is in tune with a statutory provision
Understanding the Writ of Quo-Warranto in India
The Constitution of India grants the Supreme Court (under Article 32) and the High Courts (under Article 226) the power to issue various writs. One such writ is the Writ of Quo-Warranto. The term "Quo-Warranto" literally means "by what authority". This writ is issued to restrain a person from holding a public office which he or she is not legally entitled to hold.
The main objective of the Writ of Quo-Warranto is to prevent illegal usurpation of public office by individuals. The court examines the legality of a person's claim to a public office.
Conditions for Issuing the Writ of Quo-Warranto
For a court to issue a Writ of Quo-Warranto, certain conditions must typically be met. Let's examine the conditions usually associated with the issue of this writ and compare them with the options provided in the question.
- The Office Must Be Public: The writ applies only to a public office, not to private offices.
- The Office Must Be Substantive: The office must be an independent office of a permanent nature, not merely a temporary or ministerial role.
- The Office Must Be Created by Statute or Constitution: The office is usually one created by a statute or by the Constitution itself.
- The Incumbent Is Holding the Office: The person against whom the writ is sought must actually be holding the office.
- The Appointment Must Be Illegal: The appointment of the person to the office must be in contravention of a statute or the Constitution.
Analyzing the Given Conditions
The question asks which condition laid down for the issue of a writ of Quo-Warranto is *not* correct. Let's look at each option:
Option 1: The office must be public and it must be created by a Statute
This is generally a correct condition for issuing the writ of Quo-Warranto. The office must be public and usually derives its existence from a statute or the Constitution.
Option 2: The office must be a substantive one
This is also a correct condition. The writ applies to substantive public offices, not temporary or purely ministerial functions.
Option 3: There has been a contravention of the Constitution or a Statute in appointing such person to that office
This is a fundamental requirement for issuing the writ of Quo-Warranto. The illegality or contravention in the appointment process is the very basis for challenging the authority by which a person holds office.
Option 4: The appointment is in tune with a statutory provision
This condition is the opposite of what is required for issuing the writ. If an appointment is "in tune with" (i.e., in accordance with) a statutory provision or the Constitution, it means the appointment is legal. The writ of Quo-Warranto is issued precisely when the appointment is *not* in tune with statutory or constitutional provisions, but rather in *contravention* of them. Therefore, if the appointment is legal, there are no grounds to issue the writ.
Identifying the Incorrect Condition for Quo-Warranto
Based on the analysis, the condition that is *not* correct for the issue of a writ of Quo-Warranto is that the appointment is in tune with a statutory provision. This is because the writ is issued when the appointment is *illegal*, i.e., it contravenes the law.
| Condition | Relevance for Quo-Warranto Issue |
|---|---|
| Office is public and statutory/constitutional | Required |
| Office is substantive | Required |
| Appointment contravenes Constitution/Statute | Required (Basis for the writ) |
| Appointment is in tune with statute | Not required; presence of this condition means writ will NOT be issued. |
Conclusion
The writ of Quo-Warranto is a powerful tool to ensure that public offices are held by legally appointed individuals. The conditions like the office being public, substantive, and the appointment being illegal (in contravention of law) are necessary for its issue. The condition that the appointment is in tune with a statutory provision describes a legal appointment, which eliminates the grounds for issuing the writ of Quo-Warranto.
Revision Table: Key Aspects of Quo-Warranto Writ
| Aspect | Description |
|---|---|
| Purpose | To prevent illegal holding of public office. |
| Issued Against | A person holding a public office. |
| Grounds | The holding of office is illegal, usually due to a contravention of Constitution or statute during appointment. |
| Conditions | Office must be public, substantive, created by law; appointment must be illegal. |
Additional Information on Constitutional Writs
Besides Quo-Warranto, the Indian Constitution provides for four other writs: Habeas Corpus, Mandamus, Prohibition, and Certiorari. These writs are crucial instruments for enforcing fundamental rights and ensuring the rule of law. While Quo-Warranto questions the legality of a person holding office, other writs address different issues:
- Habeas Corpus: Issued to produce a person illegally detained.
- Mandamus: Issued to a public official asking them to perform a duty they have failed to perform.
- Prohibition: Issued by a higher court to a lower court or tribunal to prevent it from exceeding its jurisdiction.
- Certiorari: Issued by a higher court to a lower court or tribunal to quash an order made in excess of jurisdiction or error of law.
Understanding these writs is vital for comprehending the constitutional remedies available in India.
Similar Questions
Which one of the following statements is not true of the Protection of women from Domestic Violence Act, 2005?
Under which one of the following Articles of the Constitution of India, a statement of estimated receipts and expenditure of the Government of India has to be laid before the Parliament in respect of every financial year?
Article 231 of the Constitution of India grants power to establish a common High Court for two or more states to
Article 371 A of the Constitution of India provides special privileges to __________.
How many Zonal Councils were set up vide Part-III of the States Re-organization Act, 1956?
Which article prescribes that all proceedings in the Supreme Court shall be in English language?
Which one among the following is not a part of the Fundamental Rights (Part III) of the Constitution of India?
Which of the following features were borrowed by the Constitution of India from the British Constitution?
1. Rule of Law
2. Law-making Procedure
3. Independence of Judiciary
4. Parliamentary System
Select the correct answer using the code given below.Which one of the following Schedules of the Constitution of India has fixed the number of Members of the Rajya Sabha to be elected from each State?
The Fundamental Rights guaranteed in the Constitution of India can be suspended only by ________.
Important Questions from Basics of Constitution
Which article of Indian constitution is related with Official language of the Union?
In which year was the Indian ‘Wildlife (Protection) Act’ implemented?
Which article of the Indian constitution was called the 'heart and soul' of the constitution by Dr. B. R. Ambedkar?
In 1946, who among the following was made the interim president of the Indian Constituent Assembly ?
Who was the Chairman of the Drafting Committee of the Constituent Assembly of India?
