Critical Analysis of Writ of Quo Warranto

Abstract

Writ: The expression “writ” has not been defined in the constitution. According to the Webster dictionary meaning, it is “a formal order in writing issued under seal, in the name of sovereign, government, court or other authority commanding an officer or other person to whom it is issued to do or refrain from doing some act specified therein.”

Quo warranto means: “by what authority.” Originally, the writ of quo warranto was a writ of right for the King against the subject who claimed or usurped any office, franchise, liberty or privilege belonging t the Crown, to inquire by what authority he supported his claim, in order to determine the right. Edward I used this writ to prevent encroachment on his rights and prerogatives.

In R. v. Hertford Corporation, quo warranto proceedings were initiated and the defendant was required to show by what authority he had admitted such persons to be freemen of the corporation who were not inhabitants of the borough.

Thus, quo warranto was a weapon in the hands of the king against the usurpation of a prerogative of the Crown, but since long it had been extended beyond that limit and it had been used by private suitor also.