The correct answer is Option 1- 43rd and 44th Amendments
The 43rd and 44th Amendments were introduced by the new government elected in 1977 to cancel most of the changes made by the 38th, 39th, and 42nd amendments, thereby restoring the constitutional balance.
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. |
