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UPSC Indian Polity and Civics Fundamental Rights and Duties Question Bank Fundamental Rights, Fundamental Duties and Directive Principles of State Policy

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    Which among the following conditions are necessary for the issue of writ of quo warrantor
    1. The office must be public and must be created by a Statute or by the constitution itself.
    2. The office must be a substantive one and not merely the function or employment of a servant at the will and during the pleasure of another.
    3. There has been a contravention of the Constitution or a Statute or Statutory Instrument, in appointing such person to that office.
    Select the correct answer using the codes given below

    A) 1 and 2            

    B) 1 and 3

    C) 2 and 3            

    D) All of these

    Correct Answer: D

    Solution :

    All the conditions given in the question are necessary for issuing writ of quo warranto. The conditions necessary for the issue of a writ of quo warranto are as follows: (i) The office must be public and it must be created by a statute or by the constitution itself. (ii) The office must be a substantive one and not merely the function or employment of a servant at the will and during the pleasure of another. (iii) There has been a contravention of the constitution on or a statute or statutory instrument, in appointing such person to that office.


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