2019 · Q40
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?
General KnowledgeIndian Polity and Governance
- AThe office must be public and it must be created by a Statute
- BThe office must be a substantive one
- CThere has been a contravention of the Constitution or a Statute in appointing such person to that office
- DThe appointment is in tune with a statutory provision
Explanation
Quo-warranto (‘by what warrant or authority’) is issued when a person holds a public office of a substantive character created by the Constitution or a statute without legal entitlement — typically because of a contravention of law in the appointment. If the appointment is fully in tune with a statutory provision, there is no illegality to challenge, so this can never be a ground for the writ. Hence ‘the appointment is in tune with a statutory provision’ is not a condition for quo-warranto.