Which one of the following conditions laid down in the Constitution of

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 ?

[amp_mcq option1=”The office must be public and it must be created by a Statute” option2=”The office must be a substantive one” option3=”There has been a contravention of the Constitution or a Statute in appointing such person to that office” option4=”The appointment is in tune with a statutory provision” correct=”option4″]

This question was previously asked in

UPSC CDS-2 – 2019

Download PDF Attempt Online

A writ of Quo-Warranto is issued to restrain a person from holding a public office to which he is not legally entitled. Therefore, a key condition for issuing this writ is that the appointment must be *illegal* or in contravention of constitutional or statutory provisions. Option D, stating that the appointment is in tune with a statutory provision, is the opposite condition under which Quo-Warranto would be issued.

The purpose of the writ of Quo-Warranto is to prevent usurpation of a public office by an illegal appointment.

The essential conditions for issuing a writ of Quo-Warranto are: 1. The office must be public, substantive, and created by statute or Constitution. 2. The person holding the office must be in actual possession of it. 3. The appointment must be in violation of the Constitution or a statute. Options A, B, and C correctly describe conditions that, if violated by the appointment, could lead to the issuance of the writ.

More similar MCQ questions for Exam preparation:-