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

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. A High Court can issue a 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 1 and 2

Neither 1 nor 2

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Explanation:

Mandamus
It literally means ‘we command’. It is a command issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform. It can also be issued against any public body, a corporation, an inferior court, a tribunal or government for the same purpose.

Quo Warranto

It means ‘by what authority or warrant’. It is issued by the court to enquire into the legality of claim of a person to a public office. Hence, it prevents illegal usurpation of public office by a person.
The writ can be issued only in case of a substantive public office of a permanent character created by a statute or by the Constitution. It cannot be issued in cases of ministerial office or private office. Unlike the other four writs, this can be sought by any interested person and not necessarily by the aggrieved person.