Quo warranto

Quo warranto is a proceeding whereby the court enquires into-the legality of the claim which a party asserts to a public office, and to oust him from its enjoyment if the claim is not well founded.

The conditions necessary for the issue of a writ of quo warranto are as follows:

The office must be public and it must be created by a statute or by the constitution itself. The office must be a substantive one and not merely the function or employment of a servant at the will and during the pleasure of another. There has been a contravention of the Constitution or a status or statutory instrument, in appointing such person to that office.

The limitations on the enforcement of the fundamental rights are as follows:

Parliament has the power to modify the application of the Fundamental Rights to the members of the Armed Forces, Police Forces or intelligence organizations so as to ensure proper discharge of their duties and maintenance of discipline amongst them {Ref: Art 33}.

When martial law is in force, Parliament may indemnity any person in the service of the union or a State for any act done by him {Ref: Art. 34}.

Certain fundamental rights guaranteed by the Constitution may remain suspended, while a Proclamation of /emergency is made by the President under Art. 352.

Right to Information

Right to information has been granted to every citizen of India under Right to information Act, 2005 which came into force on 12^th October, 2005

It is not a Fundamental right but it entails a clause for penalty in case of delay in giving information to the applicant.

Information Commission has been set-up at central and state levels to oversee implementation of the Act.