What is quo warranto in law?

A quo warranto (Latin for “by what warrant or authority?”) is a legal procedure used to challenge an individual’s right to or authority over the position he or she holds. A quo warranto case may only be brought within one year from the time the cause of action or ouster arose.

Is Article 226 a fundamental right?

Article 32 is a fundamental right. Article 226 is a constitutional right.

When can quo warranto be used?

The Writ of Quo-Warranto is the writ which is issued directing subordinate authorities to show under what authority they are holding the office. If a person has usurped a public office, the Court may direct him not to carry out any activities in the office or may announce the office to be vacant.

What is quo warranto in Article 32?

The term ‘Quo Warranto’ means ‘what is your authority ‘ It is a judicial order asking a person, who occupies public office, to show by what authority s/he holds the office. If it is found that the holder of the office has no valid title, then this writ is issued to him to oust from the office.

Can Dpsp be violated?

Unlike Fundamental Rights, the Directive Principles of State Policy (DPSP) are non-justiciable which means they are not enforceable by the courts for their violation.

What can a person do if his her Fundamental Rights are violated?

When any of our rights is violated we can seek remedy through courts. If it is a Fundamental Right we can directly approach the Supreme Court or the High Court of a state. (iii) The Supreme Court and the High Court have the power to issue directions, orders or writs for the enforcement of the Fundamental Rights.

When can a writ of quo warranto be issued?

2. Quo Warranto Authoritative Writ: Quo Warranto is originated in the Latin in the medieval period, which means by what authority. It is issued to the person who holds the public office and on what authority it is entitled to him.

When can the writ of quo warranto be issued?