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Q34·GS Paper 1 · Prelims 2023

Which Constitutional Amendment widely believed to overcome judicial interpretation of Fundamental Rights

PolityConstitutional AmendmentsFactual singleMediumStatic

Question

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

Options

a

1st Amendment

Answer
b

42nd Amendment

c

44th Amendment

d

86th Amendment

Explanation

The 1st Amendment (1951) was enacted explicitly to overcome early Supreme Court rulings (like Romesh Thappar and Champakam Dorairajan) that struck down state actions on zamindari abolition and affirmative action. It introduced the Ninth Schedule to shield land reform laws from judicial review over Fundamental Rights.

The 1st Amendment was Parliament's immediate legislative shield against the judiciary's strict early enforcement of Fundamental Rights.

Answer: (a).

Question details

Year

2023

Paper

GS Paper 1

Question

Q34

Subject

Polity

Sub-topic

Constitutional Amendments

Type

Factual single

Difficulty

Medium

Nature

Static

Source hint

Constitution First Amendment Act 1951

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