All India Bar Examination (AIBE) 17-XVII Previous Year Question Papers with Answers

Practice Mode:
6.

Which of the following writ can be issued against usurpation of public office?

A: Writ of Mandamus
B: Writ of Certiorari
C: Writ of Quo Warranto
D: Writ of Prohibition

The answer is: C

Explanation

The correct option is C: Writ of Quo Warranto.

This writ is used to challenge a person's right to hold a public or corporate office when he or she does not have the authority to do so. The court can issue this writ to prevent illegal usurpation of a public office by a person. Through this writ, the court enquires into the legality of a claim of a person to a public office.

Some additional sentences are:

- The other writs are not applicable in this case. Writ of Mandamus is used to order a public official or body to perform a duty that they have failed or refused to do. Writ of Certiorari is used to quash the order or decision of a lower court or tribunal that has exceeded its jurisdiction or violated the principles of natural justice. Writ of Prohibition is used to stop a lower court or tribunal from proceeding with a case that is beyond its jurisdiction or in violation of the principles of natural justice.

- The writ of Quo Warranto has its origin in the English common law and was used to challenge the authority of the king's officers and franchises. In India, the writ of Quo Warranto is a constitutional remedy under Article 32 and Article 226 of the Constitution. The Supreme Court and the High Courts have the power to issue this writ for the enforcement of the right to public office.