Answer» Correct Answer - Option 3 : Both 1 and 2
The correct answer is Both 1 and 2. - The 42nd amendment was particularly seen as a wide-ranging amendment affecting large parts of the Constitution.
- This is why it is known as ‘Mini-Constitution’.
- Major amendments under this:-
- It changed the description of India from a "sovereign democratic republic" to a "sovereign, socialist secular democratic republic".
- Made the constitutional amendments beyond judicial scrutiny.
- Added Fundamental Duties by the citizens (new Part IV A).
- Curtailed the power of judicial review and writ jurisdiction of the Supreme Court and high courts. Hence, Statement 2 is correct.
- Raised the tenure of Lok Sabha and state legislative assemblies from 5 to 6 years.
- Provided for the creation of the All-India Judicial Service.
- In 1973, after a petition was filed by Kesavananda Bharati, the Supreme Court ruled that Parliament cannot alter the 'basic structure' of the Constitution.
- The 42nd amendment act was also an attempt to override the ruling of the Supreme Court given in the Kesavananda case by curtailing the power of judicial review. Hence, Statement 1 is correct.
- There are three ways in which the Constitution can be amended:-
- Amendment by a simple majority of the Parliament
- Amendment by a special majority of the Parliament
- Amendment by a special majority of the Parliament and the ratification of at least half of the state legislatures.
- Amendment by a simple majority-
- Admission or establishment of new states, Formation of new states, Rules of procedure in Parliament, Salaries and Allowances, etc are covered under this.
- Amendment by the special majority-
- The special majority- a majority of 2/3rd members present and voting supported by more than 50% of the total strength of the house.
- The provisions which can be amended by this way include (i) Fundamental Rights; (ii) Directive Principles of State Policy; and (iii) All other provisions which are not covered by the first and third categories.
- Amendment by a special majority of the Parliament and the ratification of at least half of the state legislatures-
- Those provisions of the Constitution which are related to the federal structure of the polity can be amended by this.
- For instance, the election of the president, distribution of legislative powers between union and states, any of the lists in the seventh schedule, etc.
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