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Consider the following statements regarding the Constitutional Amendments:
1. The 38th, 39th, and 42nd Amendments were made in the background of the internal emergency declared in the country.
2. The 42nd Amendment made changes to the Preamble of the Indian Constitution.
1. The 38th, 39th, and 42nd Amendments were made in the background of the internal emergency declared in the country.
2. The 42nd Amendment made changes to the Preamble of the Indian Constitution.
Which of the above statements is/are correct?
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'C'. Can you explain this answer?
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Verified Answer
Consider the following statements regarding the Constitutional Amendme...
- Both statements are correct
Supplementary notes:
Amendment to the Constitution
- The makers of the Constitution were aware of the fact that there may be some faults or mistakes in the Constitution; they knew that the Constitution could not be totally free of errors.
- Whenever such mistakes would come to light, they wanted the Constitution to be easily amended and to be able to get rid of these mistakes.
- The procedure for the amendment of the Constitution is laid down in Article 368.
Controversial Amendments
- Amendments during the period 1970 to 1980 generated a lot of legal and political controversy.
- The parties that were in opposition during the period 1971-1976, saw many of these amendments as attempts by the ruling party to subvert the Constitution.
- In particular, the 38th, 39th, and 42nd amendments have been the most controversial amendments so far. These three amendments were made in the background of the internal emergency declared in the country from June 1975.
- They sought to make basic changes in many crucial parts of the Constitution.
- The 42nd amendment was particularly seen as a wide-ranging amendment affecting large parts of the Constitution.
- It was also an attempt to override the ruling of the Supreme Court given in the Kesavananda Bharti case. Even the duration of the Lok Sabha was extended from fi ve to six years.
- The 42nd amendment also put restrictions on the review powers of the Judiciary. It was said at that time that this amendment was practically a rewriting of many parts of the original Constitution.
- This amendment made changes to the Preamble, to the seventh schedule of the Constitution and to 53 articles of the Constitution.
- Many MPs belonging to the opposition parties were in jail when this amendment was passed in the Parliament. In this backdrop, elections were held in 1977 and the ruling party (Congress) was defeated.
- The new government thought it necessary to reconsider these controversial amendments and through the 43rd and 44th amendments, canceled most of the changes that were affected by the 38th, 39th, and the 42nd amendments. The constitutional balance was restored by these amendments.
Most Upvoted Answer
Consider the following statements regarding the Constitutional Amendme...
The correct answer is option 'C' - Both 1 and 2.
Explanation:
1. The 38th, 39th, and 42nd Amendments were made in the background of the internal emergency declared in the country:
- The 38th Amendment was made in 1975 during the tenure of Prime Minister Indira Gandhi. It was brought in response to the internal emergency declared in the country in the same year. The emergency was declared due to political unrest and threats to the government's stability.
- The 38th Amendment introduced Article 329A to the Constitution, which provided protection to the election of the Prime Minister and the Speaker from judicial scrutiny. It also inserted Article 329B, which validated the election of the Prime Minister and the Speaker during the period of the emergency, even if they were found guilty of electoral malpractices.
- The 39th Amendment was also made in 1975 during the emergency. It curtailed the power of the judiciary to review the Constitutional Amendments made during the emergency period. It added a new provision, Article 368(4), which stated that no Constitutional Amendment made during the emergency shall be deemed to be void or ever to have become void on the ground that it contravenes any part of the Constitution.
- The 42nd Amendment was made in 1976, also during the emergency. It is considered one of the most controversial amendments to the Constitution. It brought about significant changes to various provisions of the Constitution and expanded the powers of the executive. Some of the key changes introduced by the 42nd Amendment include:
- Preamble: The 42nd Amendment added three new words to the Preamble - "socialist," "secular," and "integrity." It also changed the description of India from a "sovereign democratic republic" to a "sovereign socialist secular democratic republic."
- Fundamental Rights: The amendment curtailed several fundamental rights and expanded the power of the state. It added a new provision, Article 31C, which stated that any law giving effect to the Directive Principles of State Policy contained in Article 39(b) and (c) shall not be deemed to be void on the ground of inconsistency with the Fundamental Rights.
- Judicial Review: The amendment restricted the power of the judiciary to review Constitutional Amendments made after the 24th Amendment. It stated that the Parliament's power to amend the Constitution was unlimited and it could not be questioned on any grounds.
2. The 42nd Amendment made changes to the Preamble of the Indian Constitution:
- As mentioned earlier, the 42nd Amendment added three new words to the Preamble of the Constitution - "socialist," "secular," and "integrity." This amendment reflected the political ideology and aspirations of the government at that time.
- The addition of the word "socialist" emphasized the government's commitment to achieving social and economic equality and reducing disparities in society.
- The addition of the word "secular" emphasized the government's commitment to maintaining religious neutrality and ensuring equal treatment for all religions.
- The addition of the word "integrity" emphasized the government's commitment to preserving the unity and territorial integrity of the nation.
In conclusion, both statements are correct. The 38th, 39th, and 42nd Amendments were made in the background of the internal emergency declared in the country, and the 42nd Amendment made changes to the Preamble
Explanation:
1. The 38th, 39th, and 42nd Amendments were made in the background of the internal emergency declared in the country:
- The 38th Amendment was made in 1975 during the tenure of Prime Minister Indira Gandhi. It was brought in response to the internal emergency declared in the country in the same year. The emergency was declared due to political unrest and threats to the government's stability.
- The 38th Amendment introduced Article 329A to the Constitution, which provided protection to the election of the Prime Minister and the Speaker from judicial scrutiny. It also inserted Article 329B, which validated the election of the Prime Minister and the Speaker during the period of the emergency, even if they were found guilty of electoral malpractices.
- The 39th Amendment was also made in 1975 during the emergency. It curtailed the power of the judiciary to review the Constitutional Amendments made during the emergency period. It added a new provision, Article 368(4), which stated that no Constitutional Amendment made during the emergency shall be deemed to be void or ever to have become void on the ground that it contravenes any part of the Constitution.
- The 42nd Amendment was made in 1976, also during the emergency. It is considered one of the most controversial amendments to the Constitution. It brought about significant changes to various provisions of the Constitution and expanded the powers of the executive. Some of the key changes introduced by the 42nd Amendment include:
- Preamble: The 42nd Amendment added three new words to the Preamble - "socialist," "secular," and "integrity." It also changed the description of India from a "sovereign democratic republic" to a "sovereign socialist secular democratic republic."
- Fundamental Rights: The amendment curtailed several fundamental rights and expanded the power of the state. It added a new provision, Article 31C, which stated that any law giving effect to the Directive Principles of State Policy contained in Article 39(b) and (c) shall not be deemed to be void on the ground of inconsistency with the Fundamental Rights.
- Judicial Review: The amendment restricted the power of the judiciary to review Constitutional Amendments made after the 24th Amendment. It stated that the Parliament's power to amend the Constitution was unlimited and it could not be questioned on any grounds.
2. The 42nd Amendment made changes to the Preamble of the Indian Constitution:
- As mentioned earlier, the 42nd Amendment added three new words to the Preamble of the Constitution - "socialist," "secular," and "integrity." This amendment reflected the political ideology and aspirations of the government at that time.
- The addition of the word "socialist" emphasized the government's commitment to achieving social and economic equality and reducing disparities in society.
- The addition of the word "secular" emphasized the government's commitment to maintaining religious neutrality and ensuring equal treatment for all religions.
- The addition of the word "integrity" emphasized the government's commitment to preserving the unity and territorial integrity of the nation.
In conclusion, both statements are correct. The 38th, 39th, and 42nd Amendments were made in the background of the internal emergency declared in the country, and the 42nd Amendment made changes to the Preamble
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Consider the following statements regarding the Constitutional Amendments:1. The 38th, 39th, and 42nd Amendments were made in the background of the internal emergency declared in the country.2. The 42nd Amendment made changes to the Preamble of the Indian Constitution.Which of the above statements is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?
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