In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of the Fundamental Rights?
Why UPSC dropped it · explanation
UPSC dropped this question from evaluation in its final answer key.
UPSC dropped this question from evaluation in its final answer key. The classic answer is the 1st Amendment (1951): its own Statement of Objects says difficulties had surfaced from court rulings on Fundamental Rights, and it added Articles 31A and 31B and the Ninth Schedule to protect land-reform laws.
- • (a) The Constitution (First Amendment) Act, 1951 was brought in because judicial decisions on Fundamental Rights, especially on free speech, trade and property, were blocking social and land-reform laws. It inserted Article 31B, which protects Acts in the Ninth Schedule from being struck down for violating Part III.
- • (b) The 42nd Amendment (1976) also asserted parliamentary supremacy after the Kesavananda Bharati ruling, but the Court repeated its stand in Minerva Mills (1980). This overlap may be why the question was contested.
- • (c) The 44th Amendment (1978) went the other way: it undid many changes made by the 38th, 39th and 42nd Amendments, and removed the right to property from the Fundamental Rights.
Remember · 1st Amendment (1951): a response to court rulings on Fundamental Rights; added Articles 31A, 31B and the Ninth Schedule.
📘 Read it in NCERT: Class 11 Indian Constitution at Work, Ch 9 (practise this chapter)
Sources
- The Constitution (First Amendment) Act, 1951: Statement of Objects and Reasons (Legislative Department) ↗ “During the last fifteen months of the working of the Constitution, certain difficulties have been brought to light by judicial decisions and pronouncements specially in regard to the chapter on fundamental rights. … none of the Acts and Regulations specified in the Ninth Schedule nor any of the provisions thereof shall be deemed to be void, or ever to have become void, on the ground that such Act, Regulation or provision is inconsistent with”
- NCERT Class 11 · Indian Constitution at Work, Chapter 9 “When these failed, the 42nd amendment was made and parliamentary supremacy was asserted. But the Court again repeated its earlier stand in the Minerva Mills case (1980).”
Question and answer: UPSC's official GS Paper I (2023, Series A) — paper ↗ · answer key ↗. Explanation: Minimalist IAS, checked 30 Sept 2026 (how we verify). Permalink ·