Civil Services Prep

Prelims 2023 · Polity and Constitution · Question 14

In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of the Fundamental Rights?

  1. 1st Amendment
  2. 42nd Amendment
  3. 44th Amendment
  4. 86th Amendment

Answer

1st Amendment

  • (a) 1st Amendment: It was enacted in 1951 largely to neutralize court rulings affecting freedom of speech, zamindari abolition/land reform, and to insert Ninth Schedule protection. Verdict: Correct.
  • (b) 42nd Amendment: It greatly expanded Parliament’s power during the Emergency, but it is not the amendment widely identified as the one specifically brought to overcome early judicial interpretations of Fundamental Rights. Verdict: Incorrect.
  • (c) 44th Amendment: It mainly rolled back several Emergency-era distortions and protected civil liberties; it was not enacted to override judicial interpretation of Fundamental Rights. Verdict: Incorrect.
  • (d) 86th Amendment: It made education a Fundamental Right under Article 21A; it was not aimed at overcoming judicial interpretations of Fundamental Rights. Verdict: Incorrect.

Answer: (a) 1st Amendment.

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