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

(a) 1st Amendment

(b) 42nd Amendment 

(c) 44th Amendment

(d) 86th Amendment
 

In India, the 1st Amendment to the Constitution was widely believed to be enacted to overcome the judicial interpretations of the Fundamental Rights. So, the correct answer is:

(a) 1st Amendment

The 1st Amendment was introduced in 1951, primarily to address the issues arising from the judicial interpretations of the Fundamental Rights, particularly the right to freedom of speech and expression and the right to property. The amendment added two new clauses to Article 19, which dealt with restrictions on the right to freedom of speech and expression and the right to property. It also inserted a new provision, Article 31A, to protect certain land reforms and other laws from being challenged on the grounds of violating the Fundamental Rights.

The other amendments mentioned in the options are not primarily related to overcoming judicial interpretations of the Fundamental Rights:

(b) The 42nd Amendment, enacted in 1976, is known as the “Mini-Constitution” and introduced several changes to the Constitution, including the expansion of the Directive Principles of State Policy and the Fundamental Duties. It also made the President bound by the advice of the Council of Ministers and curtailed the power of the judiciary to review the constitutionality of laws.

(c) The 44th Amendment, enacted in 1978, aimed to reverse some of the changes made by the 42nd Amendment. It restored some of the powers of the judiciary, removed the right to property from the list of Fundamental Rights, and introduced safeguards against the misuse of emergency provisions.

(d) The 86th Amendment, enacted in 2002, added the right to education as a Fundamental Right under Article 21A, making it the responsibility of the state to provide free and compulsory education to all children aged 6 to 14 years.

Inputs from Indian Polity Mindmap Notes and Internet

Reflection in IAS EXPRESS

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