What is a Writ of Quo Warranto?

A Writ of Quo Warranto is a legal remedy to challenge the authority of a person holding public office or a corporate position. Additionally, it aims to inquire into the legitimacy of the person’s claim to hold that office. Hence guaranteeing they have the legal right or “warrant” to do so. Moreover, this Writ is a tool to prevent people from wrongfully occupying public offices or positions of power. Thus, protecting public interest as well as upholding the Rule of Law. Read on to know Quo Warranto in the Indian Constitution and a case Example!

Did you know? The Latin word Quo Warranto translates to “by what warrant or authority.”

What is Quo Warranto in the Indian Constitution?

The Writ of Quo Warranto in the Indian Constitution is in Article 226. This Article empowers the High Courts to issue writs for the enforcement of Fundamental Rights as well as for any other purpose.

• Under this provision, if a person is holding a public office and there are doubts regarding their eligibility, qualification, or authority to hold such office, any person can file a petition to the High Court. 

• The Court can then issue a Writ of Quo Warranto against the concerned person. Thus, demanding them to prove their authority to hold the office in question.

• Furthermore, it upholds the principles of accountability, transparency, and integrity in public service.

Also Read: Important Articles in Indian Constitution

Quo Warranto Example

In the case of the University of Mysore v. Govinda Rao (1965), the Supreme Court of India applied the Writ of Quo Warranto. 

• Here, the question was whether a person appointed as the Vice-Chancellor of a university had the required qualifications. 

• In addition, the Court held that the appointment was invalid since the person did not fulfil the qualifications. 

• Thus, this landmark case reaffirmed the significance of the Writ of Quo Warranto. Moreover, guarantees that people holding public offices or positions in institutions meet the necessary criteria. 

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