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The 42nd Amendment Act to the constitution of India has been termed as mini constitution for extensive changes it introduced in the Indian Constitution. Which of the following statement/s is/are correct in this context?
1. 42nd Amendment Act was based on the recommendations of Sardar Swaran Singh Committee.
2. It introduced the Fundamental Duties in the Constitution.
3. The Act declared that laws made for implementation of Directive Principles cannot be declared invalid by courts on grounds of violation of Fundamental Rights.
Select the correct answer using codes given below
1 and 2 only
2 and 3 only
1 and 3 only
All are correct
All the statements are correct. The amendment was based on recommendations of Sardar Swaran Singh Committee. 42nd Amendment of Indian Constitution (1976)-
• It amended articles 31, 31C, 39, 55, 74, 77, 81, 82, 83, 100, 102, 103, 105, 118, 145, 150, 166, 170, 172, 189, 191, 192, 194, 208, 217, 225, 226, 227, 228, 311, 312, 330, 352, 353, 356, 357, 358, 359, 366, 368 and 371F. • It inserted articles 31D, 32A, 39A, 43A, 48A, 131A, 139A, 144A, 226A, 228A and 257A and parts 4A and 14A. It also amended Schedule 7. • The preamble has been amended to substitute the words “SOVEREIGN DEMOCRATIC REPUBLIC”, with the words “SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC” and the words “unity of the Nation” was substituted with “unity and integrity of the Nation.” • The scope of article 31C was widened to cover all the directive principles laid down in the Constitution. Earlier Article 31C saved only laws giving effect to the directive principles of State policy specified in article 39(b) and 39(c). • New directives was added by new articles 39A, 43A, 48A which, respectively, provide for equal justice and free legal aid to economically backward classes, participation of workers in the management of industries, and protection and improvement of environment and safeguarding of forests and wildlife. • New article 31D provides for the making of a Parliamentary law to prevent or prohibit anti national activity and anti-national associations. Further it was provided that article 31D will not be deemed to be void on the ground that it takes away or abridges any of the fundamental rights conferred by article 14, article 19 and article 31. • New article 32A was added to provide that the Supreme Court will have no jurisdiction to decide the constitutional validity of a State law in any writ proceedings under article 32. • New Part IVA containing article 51A was added to provide lists of fundamental duties of citizens. • Article 74(1) was amended to make the President to act in accordance with the advice of the Council of Ministers. • Article 77 and article 166 relating to the Union government and State government have been amended to provide that no court or other authority will be entitled to require the production of any rules framed for the transaction of Government business. • Article 102(1)(a) was amended to provide that a person will be so disqualified if he holds any such office of profit under the Government of India or the Government of any State as is declared by Parliamentary law to disqualify offices will vest in Parliament instead of in the State Legislature. • It amended the articles 83 and 172 to increase the duration of the Lok Sabha and every Legislative Assembly from five to six years during a situation of emergency. • It provided the Union Government to deploy personnel of armed forces in any state to deal with a ‘grave situation of law and order’ • It curtailed the power of the Supreme Court and High Court with regard to the issue of writs and judicial review. • Supremacy of the Parliament was established by this 42nd CAA with regard to the amendment of the Constitution. Article 368 has been amended to provide that no constitutional amendment will be called in question in any court on any ground. • It transferred subjects like forests, education, weights and measures except establishments of standards, protection of wild animals and birds from the State List to the Concurrent List. New entry 20A was added in Concurrent List which is “Population control and family planning”.
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