Consider the following statements 1 Quo warranto is a very powerful instrument for safegua...........

Indian Polity Fundamental Rights

Consider the following statements

1. Quo warranto is a very powerful instrument for safeguarding against the usurpation of public offices

2. High Court can issue writ of mandamus to compel a court or judicial tribunal to exercise its jurisdiction when it has refused to exercise it.

Which of the statements given above is/are correct?

1 only

2 only

Both

None

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Explanation:

1. Quo warranto means “by what warrant”? This writ is issued to enquire into legality of the claim of a person or public office. It restrains the person or authority to act in an office which he / she is not entitled to; and thus stops usurpation of public office by anyone. This writ is applicable to the public offices only and not to private offices.

2. A Writ of Mandamus is a judicial "command" issued by a higher court to a lower court, government official, or public authority. It compels them to fulfill a specific legal duty that they have wrongly neglected or refused to perform. High Court can also issue this writ