In India, which one of the following Constitutional Amendments was wid

In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of the Fundamental Rights?

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1st Amendment

42nd Amendment

44th Amendment

86th Amendment

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UPSC IAS – 2023

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The 1st Constitutional Amendment Act, 1951, was enacted primarily to overcome certain judicial interpretations of Fundamental Rights. Specifically, it aimed to validate Zamindari abolition laws and other land reform measures that had been challenged in courts based on the Right to Property (Article 31). The Amendment added Articles 31A and 31B, and the Ninth Schedule, to protect such laws from judicial review on the grounds of contravention of Fundamental Rights. It also amended Article 19(1)(a) by adding new grounds for restricting freedom of speech and expression, following court judgments (like Ramesh Thappar case) that interpreted the scope of this right. This was the first significant instance where Parliament amended the constitution specifically to counter judicial decisions on Fundamental Rights.

The 1st Amendment is a landmark example of the legislature responding to judicial review by amending the Constitution, particularly in the context of Fundamental Rights, setting a precedent for future legislative-judicial interactions.

The 42nd Amendment Act, 1976, also sought to limit judicial review and enhance parliamentary supremacy, significantly impacting Fundamental Rights and their relationship with Directive Principles, partly as a reaction to judicial pronouncements like the Kesavananda Bharati case. However, the 1st Amendment was the initial and direct legislative measure aimed at overcoming specific judicial interpretations of Fundamental Rights related to property and speech.

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