How does the writ of quo warranto safeguards the fundamental rights of the citizen?

The writ of Quo warranto is to confirm the right of citizens to hold public offices. It also aims to protect those persons who are deprived of their right to hold a public office. Its objective is to prevent a person from holding an office he is not entitled to therefore preventing usurpation of any public office.

What is the purpose of the writ of quo warranto?

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 writ of quo warranto in law?

Quo warranto is a writ or a legal action requiring a person to show by what warrant an office or franchise is held, claimed, or by demanding to know by what authority or right it is doing what it is doing.

How does the court protect Fundamental Right?

The Supreme Court and the high court both can issue writs in case of the violation of fundamental rights of an aggrieved party. These writs include habeas corpus, certiorari, prohibition, quo-warranto, and mandamus. Whereas the territorial jurisdiction of the Supreme Court is wider than that of the high court.

Which writ upholds the fundamental rights of the citizen?

The Supreme Court has been empowered to issue writs, namely habeas corpus, mandamus, prohibition, certiorari and quo warranto, for the enforcement of the Fundamental Rights, while the High Courts have been empowered under Article 226 – which is not a Fundamental Right in itself – to issue these prerogative writs even …

Which writ is called postmortem in India?

Certiorari is the constitutional remedy which is known as Postmortem. Explanation: The writ of Certiorari signifies “to be ensured”. This writ is given to the sub-par court or councils guiding them to transmit the issue to the court of record procedures pending before them.

What does quo warranto literally mean?

In British and American common law, quo warranto (Medieval Latin for “by what warrant?”) is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right, power, or franchise they claim to hold.

When the writ of co warranto be issued against a person?

A writ of quo warranto is of a technical nature. It is a question to an alleged usurper of an office to show the legal authority for his appointment and holding on to it. If he shows his legal authority, he cannot be ousted from the office.

How does the judiciary protect the fundamental rights in India?

It is constitutional mandate of judiciary to protect human rights of the citizens. An aggrieved person can directly approach the Supreme Court or High Court of the concerned state for the protection of his/her fundamental rights, redress of grievances and enjoyment of fundamental rights.

Why is Supreme Court called the protector of fundamental rights?

Explanation: Indian judiciary or the Supreme Court is the protector of fundamental rights of Indian citizens and the guardian of the Indian constitution because it has been given the power to protect, safeguard and uphold the Constitution and its various components.

What is writ of quo warranto in India?

The writ of quo warranto is used to judicially control executive action in the matter of making appointments to public offices under relevant statutory provisions . The writ is also used to protect a citizen from the holder of a public office to which he has no right .

How does Indian Constitution protect the rights of weaker sections Wikipedia?

Article 46 of the Constitution of India expressly provides that the State shall promote with special care the educational and economic upliftment of the Weaker Sections of the society, in particular of SCs & STs and shall protect them from injustice and from all forms of exploitation.