Multiple Choice Questions on Which one of the following writs will be issued by the Supreme Court if anybody holds a public offic........... for UPSC Civil Services Examination (General Studies) Preparation

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Multiple Choice Questions

Which one of the following writs will be issued by the Supreme Court if anybody holds a public offic...........

Indian Polity Fundamental Rights
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    Which one of the following writs will be issued by the Supreme Court if anybody holds a public office illegally?

    Mandamus

    Incorrect Answer

    Quo Warranto

    Correct Answer

    Certiorari

    Incorrect Answer

    Prohibition

    Incorrect Answer
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    Explanation:

    •  The Indian Constitution empowers the Supreme Court to issue writs for enforcement of any of the fundamental rights conferred by Part III of Indian Constitution under Article 32.
    • Writ of Quo-Warranto
    • The word Quo-Warranto literally means "by what warrants" or "what is your authority" It is a writ issued with a view to restrain a person from holding a public office to which he is not entitled.
    • The writ requires the concerned person to explain to the Court by what authority he holds the office.
    • If a person has usurped a public office, the Court may direct him not to carry out any activities in the office or may announce the office to be vacant.
    • Thus High Court may issue a writ of quo-warranto if a person holds an office beyond his retirement age.

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