UPSC – CSE Prelims 2024
EASY
POLITY – Amendments to the Constitution
1. As per Article 368 of the Constitution of India, the Parliament may amend any provision of the Constitution by way of:
- Addition
- Variation
- Repeal
Select the correct answer using the code given below:
(a) l and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Ans. (d)
Day 25 Prelims 2024 Polity FR, DPSP, FD Given below are two statements, one labeled as Assertion (A) and other labeled as Reason (R) : Assertion (A): The parliament under Article 368 can amend any part of the constitution including the fundamental rights but without affecting the basic Structure of the constitution. Reason (R): The Supreme court has clearly defined and listed out as to what constitutes the basic structure. In context of the above statements, which one of the following is correct? (a) Both A and R are true and R is the correct explanation of A. (b) Both A and R are true and R is not the correct explanation of A. (c) A is true but R is false (d) A is false but R is true Ans. (c) The Supreme court has not defined and listed out as to what constitutes the basic structure of the Constitution. |
UPSC – CSE Prelims 2023
POLITY – Amendments to the Constitution
1. In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of Fundamental Rights?
(a) 1st Amendment
(b) 42nd Amendment
(c) 44th Amendment
(d) 86th Amendment
Answer: B
The constitutional amendment in India that was widely believed to be enacted to overcome the judicial interpretations of the fundamental rights is the 42nd Amendment Act of 1976.
The Parliament was given unrestrained power to amend any parts of the Constitution, without judicial review. This essentially invalidated the Supreme Court’s ruling in Kesavananda Bharati v. State of Kerala in 1973. The amendment to article 368, prevented any constitutional amendment from being “called in question in any Court on any ground”. It also declared that there would be no limitation whatever on the constituent power of Parliament to amend the Constitution.
The 42nd Amendment Act is often referred to as the “Mini Constitution” or the “Constitution of Indira.” It was enacted during the period of emergency rule in India and introduced several significant changes to the Constitution. One of the main objectives of the amendment was to curtail judicial interpretations that expanded the scope and enforcement of fundamental rights.
The amendment sought to restrict the power of the judiciary and grant more authority to the Parliament in matters related to constitutional interpretation. It added certain provisions like Article 31-C, which aimed to limit the judicial review of laws affecting socio-economic rights. The amendment also introduced changes to the powers of the President, the Prime Minister, and the state governments.
The 42nd Amendment Act was met with criticism for its perceived erosion of judicial independence and dilution of fundamental rights. Subsequently, many provisions of the amendment were revised or repealed by subsequent amendments, restoring some of the original balance between the judiciary and the executive.