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

Correct Option (Question Dropped by UPSC)

The 1st Amendment Act, 1951, was enacted primarily to overcome judicial interpretations that had restricted the State's power to impose reasonable restrictions on Fundamental Rights. A key instance was the Champakam Dorairajan Case (1951), where the Supreme Court struck down laws aimed at social justice on the grounds that they violated Article 14 (Right to Equality).

Key provisions of the 1st Amendment Act, 1951, included:

• Insertion of the Ninth Schedule (Article 31B), which provided immunity from judicial review to certain laws placed within it.
• Introduction of 'reasonable restrictions' on the freedom of speech and expression (Article 19(1)) on grounds such as public order, security of the State, and friendly relations with foreign states.
• Empowering the State to make special provisions for the advancement of socially and educationally backward classes or for the Scheduled Castes and the Scheduled Tribes, thereby addressing the ruling in the Champakam Dorairajan Case.
• Amendments to Article 31, strengthening the State's power to acquire property for public purposes.

Incorrect Options

The 42nd Amendment Act, 1976, often referred to as a 'Mini Constitution,' was enacted during the Emergency. Its primary objectives included strengthening parliamentary supremacy and curtailing judicial review, as well as introducing Fundamental Duties. While it significantly impacted Fundamental Rights, its enactment was not primarily to overcome specific judicial interpretations of these rights in the manner of the 1st Amendment.

The 44th Amendment Act, 1978, was enacted to reverse many of the changes introduced by the 42nd Amendment, particularly those that curtailed Fundamental Rights and judicial review. Its purpose was to restore constitutional balance and strengthen democratic safeguards after the Emergency, rather than to override specific judicial interpretations of Fundamental Rights.

The 86th Amendment Act, 2002, made elementary education a Fundamental Right by inserting Article 21A into the Constitution. This amendment focused on the right to education itself and was not enacted to overcome judicial interpretations of existing Fundamental Rights.