1.

Consider the statements on 42nd Amendment Act of Indian Constitution.1. It was also an attempt to override the ruling of the Supreme Court given in the Kesavananda case.2. It put restrictions on the review powers of the Judiciary.Which among the above-mentioned statements is/are correct?1. 1 only2. 2 only 3. Both 1 and 24. Neither 1 nor 2

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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