Quo Warranto Under Indian Constitution

Topics: Habeas corpus, Prerogative writ, Writ Pages: 10 (3171 words) Published: April 15, 2013
Concept of Quo Warranto under Constitutional Law

(For partial Fulfilment to Internal Assessment of Constitutional Law)

Submitted To, Submitted By Arjun Beniwal Faculty, Constitutional Law
Index of Authorities

* Introduction to the Constitution of India 20th Edition,Lexis Nexis *   Constitution of India - V.N. Shukla's
* Constitution of India, by Mahendra P. Singh, 11th Edition * Constitution of India, By- P.M.Bakshi

Internet Sources

* www.manupatra.com
* www.findlaw.com
* www.lawguru.com
* www.legalaidfoundation.org

Authority Cited
* P.L.Lakhanpal v. Ajit Nath Ray
* Halsbury’s Law of England, Vol.IX, p. 804, para. 1373 * R. v. Hetford Corporation
* Rex v. Marsden, 3 burr 1817.
* Darley v. Queen, 12 CL. & F.502 at p.537
* A. Ramchandran v. A. Alagiri Swami, I.L.R (1961) Mad. 553 : AIR 1961 Mad. 450 * Purshottam Lal Sharma v. State of Rajasthan, AIR 1970 Raj. * University of Mysore v. C. D. Govinda Rao (AIR 1965 SC 491) * Maluaria A.Pedhathipathi v. State of Tamil Nadu, AIR 1984 Mad. 241 INTRODUCTION

In India Article 32 and 226 of the Constitution gives power to the Supreme Court and High Court to issue writs in case of breach of Fundamental rights of any citizen by the state. By such writs the Judiciary can control the administrative actions and prevent any kind of arbitrary use of power and discretion.

There are 5 kinds of writs
- Mandamus - Certiorari - Prohibition - Quo warranto - Habeas corpus.

In old English practice, the writ of quo warranto—an order issued by authority of the king—was one of the most ancient and important writs. It has not, however, been used for centuries, since the procedure and effect of the judgment were so impractical. Currently the former procedure has been replaced by information in the nature of a quo warranto, an extraordinary remedy by which a prosecuting attorney, who represents the public at large, challenges someone who has usurped a public office or someone who, through abuse or neglect, has forfeited an office to which she was entitled. In spite of the fact that the remedy of quo warranto is pursued by a prosecuting attorney in a majority of jurisdictions, it is ordinarily regarded as a civil rather than criminal action. Quo warranto is often the only proper legal remedy; however, the legislature can enact legislation or provide other forms of relief. In some quo warranto proceedings, the issue is whether the defendant is entitled to hold the office he claims, or to exercise the authority he presumes to have from the government. In addition, proceedings have challenged the right to the position of county commissioner, treasurer, school board member, district attorney, judge, or tax commissioner. In certain jurisdictions, quo warranto is a proper proceeding to challenge individuals who are acting as officers or directors of business corporations. The power to issue a writ of quo warranto is not wider than that in England and the courts in India have followed principles as well as limitations as have been well established in England(1). It is a writ of technical nature issued against a usurper of an office or, against a person who is entitled to make an appointment to that office. What worked in the mind of the appointing authority in making the impugned appointment is irrelevant otherwise the holder of officewould be at a great disadvantage since he is simply called upon to show his authority to hold the office and normally he is the only party to the petition. The writ lay against a person who claimed or usurped an office, franchise or liberty, to inquire by what authority he supported his claim, in order that the right to the office might be determined (2) It also lay in case of non-user, abuse, or long neglect of a franchise. Quo Warranto Meaning

Middle English quo waranto, from Medieval...
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