Practicing Success

Target Exam

CUET

Subject

Political Science

Chapter

Constitution As A Living Document

Question:

Which of the following statements is correct about the 42nd Amendment?

A) The 42nd Amendment affected large parts of the Constitution. 
B) Even the duration of the Lok Sabha was reduced from five to four years.
C) Fundamental Rights were included in the Constitution by this amendment act.
D) Fundamental Duties were included in the Constitution by this amendment act.
E) This amendment made changes to the Preamble.

Choose the correct answer from the given options:

Options:

A, B and D

A, D and E

B, C and E

B, D, and E

Correct Answer:

A, D and E

Explanation:

The correct answer is Option 2- A, D and E

The correct statements are:

A) The 42nd Amendment affected large parts of the Constitution. 
D) Fundamental Duties were included in the Constitution by this amendment act.
E) This amendment made changes to the Preamble.

Correction in the incorrect statement:

B) Even the duration of the Lok Sabha was EXTENDED from five to SIX years not reduced from five to four years.

C) Fundamental Rights were included in the Constitution by this amendment act is incorrect as Fundamental Rights were already a part of the Constitution when it was enacted in 1950.

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 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 case. Even the duration of the Lok Sabha was extended from five to six years. Fundamental Duties were included in the Constitution by this amendment act. 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 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, cancelled most of the changes that were effected by the 38th, 39th and the 42nd amendments. The constitutional balance was restored by these amendments.