GS PrelimsPolityConstitutional Amendments2023 In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of the Fundamental Rights?
Correct Answer: Option X
Explanation
1. The question asks to identify the Constitutional Amendment in India that was primarily seen as a response to judicial interpretations of Fundamental Rights which were perceived as obstacles by the government.
2. The 1st Amendment (1951) was introduced shortly after the Constitution came into force. It sought to address judicial decisions, such as those concerning the right to freedom of speech (related to public order) and the right to property (related to land reforms/Zamindari abolition). It introduced 'reasonable restrictions' on freedom of speech and added Articles 31A and 31B, along with the Ninth Schedule, to protect land reform laws from judicial scrutiny based on Fundamental Rights. This amendment was explicitly enacted to overcome specific judicial interpretations.
3. The 42nd Amendment (1976), enacted during the Emergency, made widespread changes, significantly altering the balance of power and curtailing judicial review, but its scope and intent were much broader than just overcoming specific interpretations of FRs.
4. The 44th Amendment (1978) largely reversed many provisions of the 42nd Amendment, aiming to restore protections for Fundamental Rights and judicial independence.
5. The 86th Amendment (2002) introduced the Right to Education (Article 21A), expanding Fundamental Rights.
6. Therefore, the 1st Amendment is the most fitting answer as it was directly aimed at overcoming early judicial pronouncements on Fundamental Rights.
Note : Due to the ambiguity in this question UPSC dropped it . Option b) 42nd amemdment also involved curtailment of freedom of speech
Master UPSC Revision
Get 10,000+ topic-wise MCQs, spaced repetition, daily CSAT challenges, and detailed performance analytics.
Coming Soon to Play Store