UPSC Prelims 2023 Q34: Indian Polity – Constitutional Framework & Development
In India, which one of the following Constitutional Amendments was widely believed to be
enacted to overcome the judicial interpretations of the Fundamental Rights?
- (a) 1st Amendment
- (b) 42nd Amendment
- (c) 44th Amendment
- (d) 86th Amendment
Answer: (a) 1st Amendment
Explanation
The First Amendment, 1951 — answering the courts
The First Amendment was passed by the Provisional Parliament under Nehru to overcome court rulings that blocked land reform and other laws.
| Court ruling | Problem for the government | First Amendment's answer |
|---|---|---|
| Kameshwar Singh (Patna HC, 1951) | Struck down Bihar's zamindari abolition law | Added Articles 31A and 31B and the Ninth Schedule to protect land reform laws |
| Romesh Thappar (1950) | Limited the State's power to restrict speech | Added grounds to Art 19(2): public order, friendly relations with foreign states, incitement |
| Champakam Dorairajan (1951) | Struck down caste-based college reservation | Added Article 15(4) for backward classes |
Other amendments in the options:
| Amendment | Main purpose |
|---|---|
| 42nd (1976) | 'Mini-Constitution' — Fundamental Duties, Preamble words |
| 44th (1978) | Undid Emergency excesses; right to property removed from Part III |
| 86th (2002) | Right to Education (Art 21A) |
Answer: (a) 1st Amendment.
Why each option is right or wrong
- (a) CORRECT. The 1st Amendment (1951) added the Ninth Schedule, Art 31A and 15(4) to overcome court rulings on Fundamental Rights.
- (b) Incorrect. The 42nd Amendment is famous for Emergency-era changes, not as the classic answer to early court rulings.
- (c) Incorrect. The 44th Amendment restored liberties after the Emergency.
- (d) Incorrect. The 86th Amendment made education a Fundamental Right.
Key point
1st Amendment (1951): Ninth Schedule, Art 31A/31B, Art 15(4), new Art 19(2) grounds — to overcome court rulings.
Remember
The 1st Amendment (1951) was made to overcome court rulings on Fundamental Rights.
Common mistakes
- Choosing the 42nd because it made many changes; the question asks about overcoming judicial interpretations of rights.
- Forgetting that the Ninth Schedule came with the 1st Amendment.
- Not linking Champakam Dorairajan to the creation of Article 15(4).
Exam tip
First Amendment = first clash with the courts. Land reform, free speech and reservations were all at stake.
Sources
- Constitution (First Amendment) Act, 1951
- M. Laxmikanth — Indian Polity (Amendments)
- NCERT Class XI — Indian Constitution at Work, Ch 9