Question

Which statement is correct regarding 42nd Amendment of the Indian Constitution?

• A. 42nd Amendment gave the directive principles precedence over fundamental rights wherever there was a conflict, however, the subsequent amendment revoked this provision.
• B. The 42nd Amendment act laid down certain fundamental duties, which had to be observed by all nationals and non-compliance with them was made punishable under the law.
• C. The 42nd amendment prevented declaration of emergency on account of internal conflict and empowered for declaration of emergency only if there is an armed rebellion.
• D. a only

Hint:

The 42nd Amendment is crucial for understanding India's constitutional changes in the mid-1970s. Pay attention to the interplay between fundamental rights and directive principles.

Answer 1

The Correct Option is A

The 42nd Amendment (1976) indeed gave precedence to the directive principles over fundamental rights, but this was later revoked by the 44th Amendment in 1978. The Amendment also laid down the Fundamental Duties, but it did not restrict the declaration of an emergency solely to armed rebellion.
 

Answer 2

The 42nd Amendment of the Indian Constitution, enacted in 1976 during the Emergency period under Prime Minister Indira Gandhi's government, is considered one of the most comprehensive and controversial amendments in the history of the Constitution.

Key Changes Introduced by the 42nd Amendment:
1. Inserted the words “Socialist,” “Secular,” and “Integrity” into the Preamble.
2. Curtailed the power of the judiciary by limiting judicial review.
3. Transferred several subjects from the State List to the Concurrent List.
4. Extended the duration of Lok Sabha and State Legislative Assemblies from 5 to 6 years.
5. Strengthened the powers of the central government.

Regarding Directive Principles vs. Fundamental Rights:
The amendment added Article 31C, which stated that if any law was made to give effect to the Directive Principles of State Policy (particularly under Articles 39(b) and 39(c)), such a law could not be challenged on the grounds of violating Fundamental Rights under Articles 14 or 19.
Later, the amendment extended this protection to all Directive Principles, not just Articles 39(b) and 39(c), effectively giving Directive Principles precedence over Fundamental Rights wherever there was a conflict.

Subsequent Reversal:
The Minerva Mills v. Union of India (1980) case challenged the changes brought by the 42nd Amendment. The Supreme Court struck down the part of Article 31C that gave blanket primacy to Directive Principles over Fundamental Rights, restoring the balance between the two and reaffirming the basic structure doctrine.

Conclusion:
The correct statement is: “42nd Amendment gave the directive principles precedence over fundamental rights wherever there was a conflict, however, the subsequent amendment revoked this provision.”

Therefore, the correct answer is: 42nd Amendment gave the directive principles precedence over fundamental rights wherever there was a conflict, however, the subsequent amendment revoked this provision.