Polity
2023
Fundamental Rights
Amendment Process
Judicial Review

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

C.44th Amendment
A.1st Amendment
D.86th Amendment
B.42nd Amendment

Correct Answer: Option A

During the initial fifteen months of the Constitution, judicial decisions highlighted certain difficulties, especially regarding Fundamental Rights (FR).

Specifically, some courts interpreted Article 19(1)(a) (freedom of speech and expression) so broadly that it seemed to protect even those advocating violence.

To address this, the Constitution (First Amendment) Act, 1951 was enacted. This amendment aimed to:

  • Restrict freedom of speech and expression.
  • Validate zamindari abolition laws.
  • Clarify that the right to equality does not prevent laws providing "special consideration" for weaker sections.

Therefore, the 1st Amendment was widely viewed as a response to judicial interpretations of Fundamental Rights.

The 43rd and 44th Amendment Acts were enacted to reverse many changes introduced by the 42nd Amendment Act (1976); they did not primarily target judicial interpretations of Fundamental Rights.

Hence option (a) is the correct answer.

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