Question 47 from UPSC CSE 2023 - Polity & Governanc e

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?

IASCODEX · Accepted Answer

Correct Option: A. 1st Amendment

Strategy: The strategy focuses on identifying amendments that specifically target judicial interpretations of Fundamental Rights. The 1st Amendment is directly linked to early Supreme Court challenges concerning Articles 19 (free speech) and 31 (property rights). It is selected because it explicitly curtailed and clarified certain rights in response to these judgments.

Key Info: ## The Constitution (First Amendment) Act, 1951

The First Amendment, enacted in 1951, was a significant amendment primarily aimed at addressing issues stemming from early Supreme Court interpretations of Fundamental Rights.

*   It amended Article 19 to introduce 'reasonable restrictions' on free speech and other freedoms. This was in response to concerns raised by cases such as Romesh Thappar v. State of Madras (1950) and Brij Bhushan v. State of Delhi (1950).
*   It also safeguarded land reform and zamindari abolition laws from invalidation under Articles 14 and 31 by introducing the Ninth Schedule.

### Other Amendments Considered

*   **42nd Amendment (1976):** This was a comprehensive amendment enacted during the Emergency. It significantly increased Parliament's power and curtailed various rights. However, its primary intent was not specifically to overcome interpretations of existing Fundamental Rights.
*   **44th Amendment (1978):** This amendment largely aimed to reverse the changes introduced by the 42nd Amendment, restoring judicial power and certain rights. It was not a direct response to the judiciary's interpretations of Fundamental Rights.
*   **86th Amendment (2002):** This amendment established the Right to Education as a Fundamental Right (Article 21A). It is unrelated to overcoming judicial interpretations of the original Fundamental Rights.

IASCODEX · Answer

Option B: 42nd Amendment

IASCODEX · Answer

Option C: 44th Amendment

IASCODEX · Answer

Option D: 86th Amendment