This Question was removed by UPSC due to multiple answer possible.
However, 42nd CAA (b) can be best possible answer for single choice answer. Following points can be noted for explanation:
(i) The Constitutional Amendment widely believed to have been enacted in India to overcome judicial interpretations of Fundamental Rights is the 42nd Constitutional Amendment Act.
This amendment, passed during the Emergency in 1976, made significant changes to the Constitution, including amendments to various Fundamental Rights provisions. It was criticized for diluting Fundamental Rights and expanding governmental powers, which were seen as a reaction to judicial interpretations that had expanded the scope and protection of Fundamental Rights.
Therefore, the 42nd Constitutional Amendment Act is associated with attempts to curtail judicial interpretations of Fundamental Rights in India.
(ii) The first Constitutional Amendment Act in India was enacted in 1951. It primarily dealt with the changes required to address the provisions related to land reforms and the compensation for acquisition of property under Article 31 of the Constitution.
Key provisions of the 1st Constitutional Amendment Act include:
- Article 31A: Introduced to save laws providing for the acquisition of estates, including the abolition or modification of land tenures, from being challenged on the grounds of violation of Fundamental Rights.
- Article 31B: Inserted to validate certain Acts and Regulations listed in the Ninth Schedule of the Constitution, shielding them from judicial review.
These amendments were part of the broader effort to implement land reforms and socio-economic changes in the country, which were seen as crucial for achieving social justice and equality.
Thus, the 1st Constitutional Amendment Act of 1951 marked an important step in adapting the Constitution to address pressing social and economic issues of the time.
(iii) The 44th Constitutional Amendment Act was enacted in 1978 during the tenure of the Janata Party government. It brought several significant changes to the Indian Constitution, primarily aimed at rolling back some of the controversial provisions introduced by the 42nd Amendment Act during the Emergency period. The key provisions and changes brought about by the 44th Constitutional Amendment Act include:
- Restoration of Fundamental Rights: It restored several Fundamental Rights that had been curtailed or restricted by the 42nd Amendment Act. Notably, it restored the right to property as a legal right (though it remained no longer a Fundamental Right but a legal right).
- Judicial Review: It limited the power of Parliament to amend the Constitution by prohibiting amendments that infringe upon the "basic structure" of the Constitution, as interpreted by the Supreme Court.
- Election of President and Vice-President: It restored the original provisions related to the election of President and Vice-President, reversing changes made by the 42nd Amendment Act.
- Emergency Provisions: It modified the provisions related to the proclamation of Emergency under Articles 352, 356, and 360, placing stricter limitations on the executive's power during emergencies.
- Other Changes: It made various other changes related to the functioning of the judiciary, electoral laws, and the governance structure.
Overall, the 44th Constitutional Amendment Act was a significant step towards restoring and reaffirming the original principles and values of the Constitution, especially in terms of protecting Fundamental Rights and ensuring checks and balances in the exercise of governmental power.
(iv) The 86th Constitutional Amendment Act was passed in 2002 and it primarily dealt with the issue of education. Here are the key provisions of the 86th Constitutional Amendment:
- Article 21A: This amendment inserted Article 21A into the Constitution, which provides for free and compulsory education to all children in the age group of six to fourteen years as a Fundamental Right. The state is responsible for providing this education.
- Responsibility of Parents: The amendment also added a clause to Article 51A, making it a fundamental duty of parents or guardians to provide opportunities for education to their children between the ages of six and fourteen years.
The 86th Constitutional Amendment Act aimed to strengthen the education system in India by making elementary education a fundamental right, thereby ensuring that every child has access to basic education. This was seen as a crucial step towards achieving universal primary education and promoting social justice.
In summary, the 86th Constitutional Amendment Act of 2002 introduced Article 21A, which guarantees the right to free and compulsory education for children in India, marking a significant milestone in the realm of education rights.
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