Polity Topics
Undergraduate level — Polity
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Constitution
Fundamental Rights
Parliament & Legislature
Local Self Government
Bihar Governance
quiz Questions
Q291
Article 31C was inserted by the 25th Amendment Act, 1971. The section of Article 31C that barred judicial review over laws declaring implementation of Article 39(b) or (c) was struck down in which case?
Minerva Mills v. Union of India
Kesavananda Bharati v. State of Kerala
Waman Rao v. Union of India
I.R. Coelho v. State of Tamil Nadu
Explanation
In Kesavananda Bharati, the Supreme Court upheld the first part of Article 31C but struck down its second part, which sought to exclude judicial review by declaring that no court could question whether a law actually furthers the Directive Principles.
Q292
Regarding the scope of the writ of Quo Warranto, which of the following locus standi principles is accurate according to Indian jurisprudence?
The petitioner must show a direct, personal legal injury caused by the appointment.
It can be maintained only by a rival candidate claiming a preferential right to the public office.
Any member of the public can maintain the petition, even if they have no personal interest or injury in the office.
It is maintainable only when filed by the Attorney General of India.
Explanation
Unlike writs like Certiorari or Mandamus, where the petitioner must show an direct personal injury, Quo Warranto challenges the legal right of a person to a public office. Any member of the public can file it, provided it is a public office of a permanent character.