Practicing Success

Target Exam

CUET

Subject

Political Science

Chapter

Politics in India Since Independence: Crisis of democratic Order

Question:

This was also the period when the government and the ruling party had many differences with the judiciary. Three constitutional issues had emerged- can the Parliament abridge Fundamental Rights? The Supreme Court said it cannot. Secondly, can the Parliament curtail the right to property by making an amendment? Again, the Court said that Parliament cannot amend the Constitution in such a manner that rights are curtailed. Thirdly, the Parliament amended the Constitution saying that it can abridge Fundamental Rights for giving effect to Directive Principles. But the Supreme Court rejected this provision also. This led to a crisis as far as the relations between the government and the judiciary were concerned. You may remember\ that this crisis culminated in the famous Kesavananda Bharati Case. In this case, the Court gave a decision that there are some basic features of the Constitution and the Parliament cannot amend these features. Two developments further added to the tension between the judiciary and the executive.

Which of the following was not responsible for aggravating the differences between Congress and the Judiciary which ultimately led to the imposition of emergency?

Options:

The decision in 1973 in the Kesavananda Bharati case,

The 42nd ammendment

Appointment of Justice A. N. Ray as the Chief Justice of India.

The ruling of the High Court declared Indira Gandhi’s election invalid.

Correct Answer:

The 42nd ammendment

Explanation:

The 42nd Amendment Act was enacted in 1976 during the emergency.  Hence it cannot be the reason for the imposition of a National emergency by Indira Gandhi in 1975.