Question
In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of the Fundamental Rights?
Correct Answer — A
Explanation
Note: This question was Officially DROPPED by UPSC in the final answer key.
The intended answer is Option A (1st Constitutional Amendment Act, 1951).
- Core Reason: Enacted in 1951 specifically to bypass early court rulings that invalidated government laws for violating Fundamental Rights.
- Key Rulings Overturned & Changes Made:
- Champakam Dorairajan (1951): Court struck down college reservations → Parliament added Article 15(4) to protect affirmative action.
- Kameshwar Singh (1951): Court struck down Bihar land reforms under Right to Property → Parliament added Articles 31A, 31B, and the Ninth Schedule to shield agrarian laws from judicial review.
- Romesh Thappar (1950): Court struck down free speech restrictions → Parliament added “public order” and other grounds under Article 19(2).
- Why UPSC Dropped It: The 42nd Amendment (1976) was also enacted to overcome judicial rulings (e.g., Kesavananda Bharati). With two valid contenders, UPSC cancelled the question.