In India, which one of the following Constitutional Amendments was widely believed to be enacted to

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UPSC Prelims is a competitive examination conducted in India. This question is from the 2023 UPSC Prelims Indian Polity & Governance paper.

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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?

Accepted Answer

Correct Answer: A — 1st Amendment, 1951Step-by-step Solution:During the initial months after the Constitution came into force, certain judicial decisions interpreted Fundamental Rights in ways that the government felt hindered social reform and public order. For instance, courts held that the right to freedom of speech and expression (Article 19(1)(a)) was so comprehensive that even advocacy of murder could not be penalized. The 1st Amendment Act, 1951 was enacted to overcome these interpretations. It:Amended Article 19 to impose reasonable restrictions on free speech on grounds like public order, friendly relations with foreign states, etc.Added Article 31A and 31B along with the Ninth Schedule to protect land reform laws (zamindari abolition) from judicial review under Fundamental Rights.Inserted Article 15(4) allowing the State to make special provisions for socially and educationally backward classes (including SCs/STs).Why other options are incorrect:Option B (42nd Amendment): It was enacted during the Emergency (1976) to curtail Fundamental Rights and strengthen the government, not specifically to overcome judicial interpretations of FRs; rather it was later struck down/amended for violating basic structure.Option C (44th Amendment): It was enacted by the Janata government in 1978 to restore Fundamental Rights curtailed by the 42nd Amendment — e.g., restored right to property as a legal right, removed right to life and liberty from being suspended during emergency.Option D (86th Amendment): It added Article 21A making Right to Education a Fundamental Right (2002), unrelated to overcoming earlier judicial interpretations.Key Concept: The First Amendment set the precedent for amending the Constitution to override judicial decisions. It was challenged in Sankari Prasad Singh Deo v. Union of India (1951), where the Supreme Court upheld the power of Parliament to amend Fundamental Rights under Article 368. Later, the 24th Amendment (1971) affirmed this power explicitly, but Kesavananda Bharati (1973) imposed the basic structure doctrine as a limit.

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

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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?

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