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Which amendment to the constitution accorded precedence to the fundamental rights over directive principles?
- a)24th amendment
- b)42nd amendment (in Minerva mills case, Supreme court struck down the provisions of the constitution that accorded primacy to directive principles over fundamental rights)
- c)44th amendment
- d)25th amendment
Correct answer is option 'B'. Can you explain this answer?
Verified Answer
Which amendment to the constitution accorded precedence to the fundame...
The 42nd Amendment gave primacy to the Directive Principles, by stating that "no law implementing any of the Directive Principles could be declared unconstitutional on the grounds that it violated any of the Fundamental Rights".
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Which amendment to the constitution accorded precedence to the fundame...
Understanding the 42nd Amendment
The 42nd Amendment, enacted in 1976 during the Emergency period in India, significantly altered the relationship between Fundamental Rights and Directive Principles of State Policy in the Constitution.
Key Features of the 42nd Amendment
- Primacy of Directive Principles: This amendment aimed to enhance the importance of Directive Principles, suggesting that they should take precedence over Fundamental Rights.
- Judicial Review and Minerva Mills Case: In the landmark case of Minerva Mills Ltd. vs. Union of India (1980), the Supreme Court ruled that the 42nd Amendment's provisions that favored Directive Principles over Fundamental Rights were unconstitutional. The Court emphasized the need for a balance between the two.
Significance of the Supreme Court's Ruling
- Restoration of Balance: The ruling in Minerva Mills reinforced the idea that Fundamental Rights cannot be overridden by Directive Principles, thus restoring the original intent of the Constitution.
- Constitutional Safeguards: The decision underscored the safeguarding of individual rights against the State's powers, ensuring that Fundamental Rights remain inviolable.
Conclusion
The 42nd Amendment is crucial as it triggered a significant judicial interpretation asserting the supremacy of Fundamental Rights over Directive Principles, which remains a pivotal point in constitutional law discussions in India. The Minerva Mills case serves as a reminder of the importance of protecting individual liberties while pursuing societal goals reflected in the Directive Principles.
The 42nd Amendment, enacted in 1976 during the Emergency period in India, significantly altered the relationship between Fundamental Rights and Directive Principles of State Policy in the Constitution.
Key Features of the 42nd Amendment
- Primacy of Directive Principles: This amendment aimed to enhance the importance of Directive Principles, suggesting that they should take precedence over Fundamental Rights.
- Judicial Review and Minerva Mills Case: In the landmark case of Minerva Mills Ltd. vs. Union of India (1980), the Supreme Court ruled that the 42nd Amendment's provisions that favored Directive Principles over Fundamental Rights were unconstitutional. The Court emphasized the need for a balance between the two.
Significance of the Supreme Court's Ruling
- Restoration of Balance: The ruling in Minerva Mills reinforced the idea that Fundamental Rights cannot be overridden by Directive Principles, thus restoring the original intent of the Constitution.
- Constitutional Safeguards: The decision underscored the safeguarding of individual rights against the State's powers, ensuring that Fundamental Rights remain inviolable.
Conclusion
The 42nd Amendment is crucial as it triggered a significant judicial interpretation asserting the supremacy of Fundamental Rights over Directive Principles, which remains a pivotal point in constitutional law discussions in India. The Minerva Mills case serves as a reminder of the importance of protecting individual liberties while pursuing societal goals reflected in the Directive Principles.
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Which amendment to the constitution accorded precedence to the fundamental rights over directive principles?a)24th amendmentb)42nd amendment (in Minerva mills case, Supreme court struck down the provisions of the constitution that accorded primacy to directive principles over fundamental rights)c)44th amendmentd)25th amendmentCorrect answer is option 'B'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Which amendment to the constitution accorded precedence to the fundamental rights over directive principles?a)24th amendmentb)42nd amendment (in Minerva mills case, Supreme court struck down the provisions of the constitution that accorded primacy to directive principles over fundamental rights)c)44th amendmentd)25th amendmentCorrect answer is option 'B'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Which amendment to the constitution accorded precedence to the fundamental rights over directive principles?a)24th amendmentb)42nd amendment (in Minerva mills case, Supreme court struck down the provisions of the constitution that accorded primacy to directive principles over fundamental rights)c)44th amendmentd)25th amendmentCorrect answer is option 'B'. Can you explain this answer?.
Which amendment to the constitution accorded precedence to the fundamental rights over directive principles?a)24th amendmentb)42nd amendment (in Minerva mills case, Supreme court struck down the provisions of the constitution that accorded primacy to directive principles over fundamental rights)c)44th amendmentd)25th amendmentCorrect answer is option 'B'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Which amendment to the constitution accorded precedence to the fundamental rights over directive principles?a)24th amendmentb)42nd amendment (in Minerva mills case, Supreme court struck down the provisions of the constitution that accorded primacy to directive principles over fundamental rights)c)44th amendmentd)25th amendmentCorrect answer is option 'B'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Which amendment to the constitution accorded precedence to the fundamental rights over directive principles?a)24th amendmentb)42nd amendment (in Minerva mills case, Supreme court struck down the provisions of the constitution that accorded primacy to directive principles over fundamental rights)c)44th amendmentd)25th amendmentCorrect answer is option 'B'. Can you explain this answer?.
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Which amendment to the constitution accorded precedence to the fundamental rights over directive principles?a)24th amendmentb)42nd amendment (in Minerva mills case, Supreme court struck down the provisions of the constitution that accorded primacy to directive principles over fundamental rights)c)44th amendmentd)25th amendmentCorrect answer is option 'B'. Can you explain this answer?, a detailed solution for Which amendment to the constitution accorded precedence to the fundamental rights over directive principles?a)24th amendmentb)42nd amendment (in Minerva mills case, Supreme court struck down the provisions of the constitution that accorded primacy to directive principles over fundamental rights)c)44th amendmentd)25th amendmentCorrect answer is option 'B'. Can you explain this answer? has been provided alongside types of Which amendment to the constitution accorded precedence to the fundamental rights over directive principles?a)24th amendmentb)42nd amendment (in Minerva mills case, Supreme court struck down the provisions of the constitution that accorded primacy to directive principles over fundamental rights)c)44th amendmentd)25th amendmentCorrect answer is option 'B'. Can you explain this answer? theory, EduRev gives you an
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