Which of the following writs prevents illegal usurpation of public office by a person?

  1. Prohibition
  2. Quo-Warranto
  3. Mandamus
  4. Certiorari

Answer (Detailed Solution Below)

Option 2 : Quo-Warranto
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Detailed Solution

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The correct answer is option 2, i.e. Quo-Warranto.

  • Quo-Warranto literally means ‘by what warrant’.
    • It is issued by the court to enquire into the legality of claim of a person to a public office.
  • Prohibition literally means ‘to forbid’.
    • It is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction.
  • Mandamus 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.
  • Certiorari literally means ‘to be certified’.
    • It is issued by a higher court to a lower court or a tribunal either to transfer a case pending with the latter to itself or to squash the order of the latter in a case.
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