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UPSC Prelims 2023 · Polity · Federalism, Schedules & Amendments

In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of the Fundamental Rights?

Show the answer and explanation

Answer: (a) 1st Amendment

The First Amendment (1951) answered court rulings on land reform (Kameshwar Singh), free speech (Romesh Thappar) and reservations (Champakam Dorairajan): it added Arts. 31A, 31B, the Ninth Schedule, Art. 15(4) and new grounds in Art. 19(2).

The idea

The First Amendment began the long Parliament vs Court argument: Shankari Prasad (1951) → Golaknath (1967) → 24th Amendment (1971) → Kesavananda Bharati (1973): Parliament can amend any part, but not the basic structure.

Court rulings 1950–51 → 1st Amendment 1951 (31A, 31B, 9th Schedule) → Golaknath 1967 → Kesavananda 1973 · basic structure

Why the others are wrong

(b) The 42nd (1976) was broad — Preamble, Fundamental Duties, DPSP primacy — not a targeted reply to FR rulings.

(c) The 44th (1978) undid Emergency-era changes and removed property from the Fundamental Rights.

(d) The 86th (2002) added Art. 21A (education 6–14).

The trap

The 42nd is the most famous large amendment, so it feels like the answer. The question points to one made specifically to answer court rulings — that was the 1st.

🔒 1st Amendment 1951 = answer to FR judgments: Arts. 31A, 31B, Ninth Schedule, 15(4), new Art. 19(2) grounds · Nehru era.

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