In which situation can Quo Warranto be appropriate?
Answer and explanation
Correct answer: When a person illegally holds a public office
Quo Warranto literally asks by what authority a person holds a public office. It is used to examine whether the legal requirements for occupying a public office have been satisfied. If a person is appointed without the required qualification, procedure or statutory authority, the court may question that occupation and prevent an unlawful holder from continuing. Therefore, option C is correct. The writ is not meant to regulate ordinary private employment, a student’s examination or a farmer’s agricultural work, so options A, B and D are irrelevant. The key test is the combination of a public office and an alleged lack of lawful authority, rather than merely dissatisfaction with the office-holder or the quality of official performance.
Frequently asked questions
What is the correct answer to this question?
When a person illegally holds a public office
Why is this the correct answer?
Quo Warranto literally asks by what authority a person holds a public office. It is used to examine whether the legal requirements for occupying a public office have been satisfied. If a person is appointed without the required qualification, procedure or statutory authority, the court may question that occupation and prevent an unlawful holder from continuing. Therefore, option C is correct. The writ is not meant to regulate ordinary private employment, a student’s examination or a farmer’s agricultural work, so options A, B and D are irrelevant. The key test is the combination of a public office and an alleged lack of lawful authority, rather than merely dissatisfaction with the office-holder or the quality of official performance.
Which subject and chapter does this question cover?
This is a Class 9 Civics question. Chapter: Democratic Rights. Topic: Right to Constitutional RemediesExpanding scope of rights.
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