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Which of the following conditions are necessary for the issue of a writ of 'Quo Warranto'?

(a) The office must be public and must be created by a statute or by the Constitution itself.

(b) The office must be substantive and not merely the function or employment of the servant at the will and during the pleasure of another.

(c) There has been a contravention of the Constitution or a statutory instrument in appointing such a person to the office.


1. (a), (b) and (c) 
2. (b) and (c) only
3. (a) and (c) only
4. (a) and (b) only

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Correct Answer - Option 1 : (a), (b) and (c) 

The correct answer is (a), (b) and (c).

  • Quo-Warranto in its literal sense means "by what authority".
  • It is used by the court to enquire into the legality of the claim of a person to a public office.
  • The writ can be used only in case of a substantive public office of a permanent character.
  • It cannot be used in the case of ministerial office.
  • The conditions necessary for the issue of a writ of Quo Warranto are:
    • The office must be public and it must be created by a statute or by the constitution itself.
    • 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.
    • There has been a contravention of the Constitution or a statute or statutory instrument, in appointing such person to that office.
  • Writs are issued under Article 32 and 226 by the Supreme Court and High Court respectively.

  • Other writs-
    • Certiorari in its literal sense means 'to be certified'.
    • Mandamus in its literal meaning is 'we command'.
    • Habeas Corpus is a Latin word that literally means 'to have a body of'.
    • Prohibition means 'to forbid'. 

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