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: B
The correct answer is (b) 42nd Amendment.
The 42nd Amendment to the Indian Constitution, also known as the “Mini-Constitution” or “Constitution (Forty-second Amendment) Act, 1976,” was widely believed to be enacted to overcome certain judicial interpretations of the Fundamental Rights.
The 42nd Amendment was passed during the period of emergency rule in India (1975-1977). It made several significant changes to the Constitution, including the insertion of new provisions and amendments to existing ones. The main objective of the amendment was to expand the power of the central government and limit judicial review, particularly with regard to the interpretation of Fundamental Rights.
The amendment sought to restrict the scope of judicial scrutiny of constitutional amendments, prevent judicial challenges to laws on procedural grounds, and give Parliament the authority to amend any part of the Constitution, including Fundamental Rights, without judicial interference.
Therefore, the widely believed Constitutional Amendment enacted to overcome judicial interpretations of the Fundamental Rights is the 42nd Amendment.
