Which one of the following is not the necessary condition for the issue of a writ of Quo Warranto?
[amp_mcq option1=”The office must be a public office.” option2=”The office must be created by the Statute or by the Constitution itself.” option3=”The office must not be a substantive one.” option4=”There has been a contravention of the Constitution or a Statute in appropriating such person to that office.” correct=”option3″]
This question was previously asked in
UPSC CDS-2 – 2020
A writ of Quo Warranto is issued by a court to inquire into the legality of the claim of a person to a public office. A necessary condition for issuing this writ is that the office must be a *substantive* public office of a permanent character, created by statute or the Constitution. The office must not be merely ministerial or temporary. Therefore, the statement that “The office must not be a substantive one” is incorrect and is *not* a necessary condition.
The purpose of Quo Warranto is to prevent illegal usurpation of public office by a person.