In which year, the 42nd Amendment took place?

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BPSC AE Paper III General Studies 18 Dec 2024 Official Paper
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  1. 1992
  2. 1998
  3. 1976
  4. 1990

Answer (Detailed Solution Below)

Option 3 : 1976
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Detailed Solution

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The correct answer is 1976.

Key Points

  • The 42nd Amendment to the Indian Constitution was enacted in 1976 during the period of Emergency.
  • It is often referred to as the "Mini-Constitution" due to the extensive and sweeping changes it introduced.
  • The amendment was passed under the leadership of Prime Minister Indira Gandhi.
  • It added three new words—Socialist, Secular, and Integrity—to the Preamble of the Constitution.
  • The amendment significantly curtailed the powers of the judiciary and strengthened the authority of the central government.

Additional Information

  • Emergency Period (1975-1977):
    • The 42nd Amendment was introduced during the Emergency imposed by Prime Minister Indira Gandhi from 1975 to 1977.
    • The Emergency allowed the government to bypass constitutional norms, giving rise to this controversial amendment.
  • Key Provisions of the 42nd Amendment:
    • It transferred subjects like education, forests, weights and measures, and protection of wild animals and birds from the State List to the Concurrent List.
    • It made the Directive Principles of State Policy more prominent by stating that they would have precedence over Fundamental Rights.
  • Judicial Impact:
    • The amendment restricted the power of the judiciary to review constitutional amendments, notably under Article 368.
    • It introduced Article 31C, providing protection to laws implementing the Directive Principles from being challenged on the grounds of violation of Fundamental Rights.
  • 44th Amendment (1978):
    • The 44th Amendment, enacted in 1978, reversed many provisions of the 42nd Amendment.
    • It restored the balance of power between the judiciary and the legislature.
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