UPSC Prelims 2023 · Question 14 of 97
UPSC Prelims 2023 question on First Amendment Judicial Interpretation
- ExamUPSC CSE
- Year2023
- PaperGeneral Studies Paper I
- SubjectPolity
- TopicConstitutional Amendment
- DifficultyMedium
- TypeDirect
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 answer
Answer: A. 1st Amendment
The 1st Constitutional Amendment Act, 1951 was enacted to overcome difficulties brought to light by judicial decisions regarding Fundamental Rights.
The citizen's right to freedom of speech and expression under Article 19(1)(a) was held by some courts to be so comprehensive as to not render a person culpable even if he advocates murder and other crimes of violence.
The First Amendment Act provided means to restrict freedom of speech and expression, validation of zamindari abolition laws, and clarified that the right to equality does not bar enactment of laws providing 'special consideration' for weaker sections.
The 43rd and 44th amendment Acts were enacted to undo many changes introduced by the 42nd Amendment Act (1976) — they did not aim at overcoming judicial interpretations of Fundamental Rights.
Hence option (a) is the correct answer.