Article 32 and 226 of the Indian Constitution empowers Supreme Court and High Court respectively, to issue writs for the enforcement of any Fundamental Right Guaranteed under the Part III of the Constitution.
Quo-Warranto is one of those writs: “Quo Warranto” literally means “by what authority”?
It gives the court power to ask a person to explain by what authority is he holding the public office, the court will restrain a person from holding a public office to which he is not entitled.
- The office must be wrongfully acquired and should be a public office.
- The office is created by the constitution or by any other statute.
- The term of the office must be continuing, and should not be terminable at anyone’s pleasure.
- The writ against whom is issued should be in actual possession and using such an office.
In the case of K. Bheema Raju v. Govt, of A.P., the court ruled against the appointment of a government pleader as the procedural rules for this were not followed in the prescribed manner.