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    Question

    Consider the following statements: 1. 42nd

    Constitutional Amendment Act brought about changes in the Preamble, Directive Principles and the Fundamental Duties. 2. 42nd Constitutional Amendment Act, 1976 added Article 31C to the Constitution. Select the correct answer using the codes given below:
    A 1 only Correct Answer Incorrect Answer
    B 2 only Correct Answer Incorrect Answer
    C Both 1 and 2 Correct Answer Incorrect Answer
    D Neither 1 nor 2 Correct Answer Incorrect Answer

    Solution

    • Statement 1 is correct: The 42nd Constitutional Amendment Act, 1976 referred to as the “mini constitution” introduced changes in the Preamble, Directive Principles and the Fundamental Duties among the various other things. It added three new words to the Preamble ( i.e., Socialist, Secular and Integrity) It added Part IV A pertaining to the Fundamental Duties on the recommendation of the Swaran Singh Committee. Also made changes in the Directive Principles: Article 39 (f) to secure opportunities for the healthy development of children. Article 39 A to promote equal justice and to provide free legal aid to the poor. Article 43 A to secure the participation of workers in the management of industries. Article 48 A to improve the environment and to safeguard forests and wildlife. ● Statement 2 is incorrect: It was the 25th Constitutional Amendment Act, 1971 that inserted Article 31C as per which any law that seeks to implement the Articles 39 (b) and 39 (c) to the Constitution cannot be challenged on the ground that it contravenes with the Article 14, 19 and 31 of the Constitution. However, in the Keshavanada Bharati case (1973), the Supreme Court held that Judicial Review forms a part of the basic structure of the Constitution. The 42nd Constitutional Amendment Act, 1976 accorded the supremacy over to all Directive Principles over the Fundamental rights under Article 14, 19 and 31. However, this provision was struck down by the Supreme Court in the Minerva Mills case (1980) that held that Indian Constitution is based on the balance between the Fundamental Rights and DPSP.

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