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?
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.