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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?

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    

Answer: a 

Explanation:

The “STATEMENT OF OBJECTS AND REASONS” of the 1st Constitutional Amendment Bill, 1951 stated that:

  • During the initial fifteen months of the working of the Constitution, certain difficulties had been brought to light by judicial decisions and pronouncements especially in regard to the chapter on fundamental rights. 
  • The citizen’s right to freedom of speech and expression guaranteed by article 19(1)(a) had been held by some courts to be so comprehensive as not to render a person culpable even if he advocates murder and other crimes of violence

In other countries with written constitutions, freedom of speech and the press is not regarded as debarring the State from punishing or preventing abuse of this freedom. 

  • The citizen’s right to practise any profession or to carry on any occupation, trade or business conferred by article 19(1)(g) was subject to reasonable restrictions which the laws of the State may impose “in the interests of the general public”. 

While the words cited were comprehensive enough to cover any scheme of nationalisation which the State may undertake, it was desirable to place the matter beyond doubt by a clarificatory addition to article 19(6). 

  • Another article in regard to which unanticipated difficulties had arisen was article 31. The validity of agrarian reform measures passed by the State Legislatures in the last three years had formed the subject matter of dilatory litigation, as a result of which the implementation of these important measures, affecting large numbers of people, has been held up. The Ninth Schedule was thus added to overcome these.

New provisions were inserted to secure the constitutional validity of zamindari abolition laws in general and certain specified State Acts in particular. The opportunity has been taken to propose a few minor amendments to other articles to remove difficulties that may arise.

  • It is laid down in article 46 as a DPSP that the State should promote with special care the educational and economic interests of the weaker sections of the people and protect them from social injustice. In order that any special provision that the State may make for the educational, economic, or social advancement of any backward class of citizens may not be challenged on the grounds of being discriminatory, it is proposed that Article 15(3) should be suitably amplified. 

Certain amendments in respect of articles dealing with the convening and proroguing of the sessions of Parliament have been found necessary and are also incorporated in this Bill. So also a few minor amendments in respect of articles 341, 342, 372 and 376.

Hence, the 1st amendment was enacted to overcome the difficulties that had arisen by judicial interpretation of fundamental rights.

Hence, option a is correct.

Read: Previous Year UPSC Polity Questions (PYQs) With Explanation 2023

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