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Which one of the following is not the necessary condition for the issue of a writ of Quo Warranto?
1. The office must be a public office.
2. The office must be created by the Statute or by the Constitution itself.
3. The office must not be a substantive one.
4. There has been a contravention of the Constitution or a Statute in appropriating such person to that office.

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Correct Answer - Option 3 : The office must not be a substantive one.

The correct answer is The office must not be a substantive one.

  • "The Office must not be a substantive one" is not the necessary condition for the issue of a Writ of Quo Warranto. Orders, warrants, directions, etc. issued under authority is an example of Writ.
  • There are five major types of Writ viz. Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari.

  • Article 32 of the Indian Constitution empowers the Supreme Court of India to issue writs- Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari, for the enforcement of fundamental rights.
  • By Article 226, the High Courts have also been empowered to issue writs, for the implementation of Fundamental Rights.
  • The writ of Quo Warranto, which literally translates to 'by what authority is issued against a person holding a public office. This writ is issued to restrain a person from holding a public office to which he is not entitled.
  • The writ of Quo Warranto is filed if there has been a contravention of the Constitution or a statute or statutory instrument, in appointing such person to that office.
  • 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. 

  • Types of Writs-
    • Both the High Courts and the Supreme Court can be approached for violation or enactment of fundamental rights through five kinds of writs:
    • Habeas corpus - related to personal liberty in cases of illegal detentions and wrongful arrests
    • Mandamus - directing public officials, governments, courts to perform a statutory duty
    • Quo Warranto - to show by what a warrant is a person holding public office
    • Prohibition - directing judicial or quasi-judicial authorities to stop proceedings which it has no jurisdiction
    • Certiorari - a re-examination of an order given by judicial, quasi-judicial, or administrative authorities.
  • In civil or criminal matters, the first remedy available to an aggrieved person is that of trial courts, followed by an appeal in the High Court and then the Supreme Court.
  • When it comes to the violation of fundamental rights, an individual can approach the High Court under Article 226 of the Supreme Court directly under Article 32.

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