Which one of the following con- ditions laid down in the Consti- tution of India for the issue of a writ of Quo-Warranto is not correct?

The writ of Quo-Warranto is a judicial remedy used to challenge the legality of a person's claim to a public office. According to the established legal conditions, the writ can only be issued if the office is public in nature and was created by a statute or the Constitution [2]. Furthermore, the office must be a substantive one, meaning it is not merely a temporary employment at the will of another [1]. A critical condition for issuing the writ is that there must have been a contravention of the Constitution, a statute, or a statutory instrument during the appointment process [1]. Therefore, option 4 is incorrect because the writ is specifically intended to address cases where the appointment is NOT in tune with statutory provisions, but rather constitutes an unlawful usurpation of office [1].

Sources

1. [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Scope of the Writs: I. Habeas corpus. > p. 159
2. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > Quo-Warranto > p. 100