Q: The 42nd Constitutional Amendment Act was passed in which year?
Answer: 1976
Explanation: The 42nd Constitutional Amendment Act was passed in 1976 during the Emergency period under Prime Minister Indira Gandhi. It is the most comprehensive amendment to the Constitution, making sweeping changes across multiple provisions. It is often called the 'Mini Constitution' because of the large number of changes it introduced. It added the words 'Socialist' and 'Secular' to the Preamble and also added 'Integrity'.
Q: Which words were added to the Preamble of the Constitution by the 42nd Amendment?
Answer: Socialist and Secular
Explanation: The 42nd Amendment of 1976 added the words 'Socialist', 'Secular', and 'Integrity' to the Preamble of the Constitution. Before this amendment, the Preamble described India as a 'Sovereign Democratic Republic'. The amendment changed the description to 'Sovereign Socialist Secular Democratic Republic' with 'Unity and Integrity of the Nation' replacing just 'Unity of the Nation'. These additions reflected the political ideology of the ruling government at that time.
Q: The 42nd Amendment added which part to the Constitution dealing with Fundamental Duties?
Answer: Part IVA
Explanation: The 42nd Amendment of 1976 inserted Part IVA into the Constitution, which contains Article 51A on Fundamental Duties. Initially, ten Fundamental Duties were listed under Article 51A. The 86th Amendment of 2002 later added an eleventh Fundamental Duty related to providing opportunities for education to children between the ages of 6 and 14. Fundamental Duties are non-justiciable but serve as a reminder to citizens of their obligations towards the nation.
Q: The 42nd Amendment gave precedence to Directive Principles over which Fundamental Rights?
Answer: Articles 14 and 19
Explanation: The 42nd Amendment inserted Article 31C which gave precedence to laws implementing Directive Principles of State Policy over Fundamental Rights under Articles 14 and 19. This meant that laws made to implement any Directive Principle could not be challenged as violating equality (Article 14) or freedoms (Article 19). The Supreme Court in Minerva Mills case (1980) partially struck down this provision, restoring the balance. The amendment was seen as tilting the constitutional balance in favour of the state over individual rights.
Q: Which amendment extended the term of the Lok Sabha and State Legislative Assemblies from 5 to 6 years?
Answer: 42nd Amendment
Explanation: The 42nd Amendment of 1976 extended the term of the Lok Sabha and all State Legislative Assemblies from five years to six years. This extension was made during the Emergency period and was widely criticized as an attempt to prolong the tenure of the existing government. The 44th Amendment of 1978 reversed this change and restored the original five-year term for both the Lok Sabha and State Assemblies. This reversal was one of the key corrective steps taken after the Emergency.
Q: The 44th Constitutional Amendment was passed in which year?
Answer: 1978
Explanation: The 44th Constitutional Amendment Act was passed in 1978 under the Janata Party government led by Prime Minister Morarji Desai. It was enacted to undo many of the controversial changes introduced by the 42nd Amendment during the Emergency. The 44th Amendment restored several fundamental rights and democratic safeguards that had been curtailed by the 42nd Amendment. It is considered a landmark amendment in restoring constitutional values.
Q: The 44th Amendment abolished the Fundamental Right to property under which article?
Answer: Both Article 19(1)(f) and Article 31
Explanation: The 44th Amendment of 1978 deleted Article 19(1)(f) which guaranteed the right to acquire, hold, and dispose of property, and also deleted Article 31 which provided for the right to property as a Fundamental Right. By removing these provisions, the right to property was downgraded from a Fundamental Right to a mere legal right under Article 300A. Article 300A states that no person shall be deprived of his property save by authority of law. This change ended the long-standing controversy between Parliament and the judiciary over property rights.
Q: Under which article does the right to property exist after the 44th Amendment?
Answer: Article 300A
Explanation: After the 44th Amendment of 1978, the right to property was converted from a Fundamental Right to a constitutional right under Article 300A. Article 300A provides that no person shall be deprived of his property except by authority of law. Since it is no longer a Fundamental Right, it cannot be enforced through a writ petition under Article 32 directly for right to property claims. However, if the deprivation violates other Fundamental Rights like Article 14 or 21, courts can still provide relief.
Q: What is the significance of the 44th Amendment regarding the proclamation of Emergency?
Answer: It required cabinet advice in writing for Emergency proclamation
Explanation: The 44th Amendment introduced an important safeguard requiring that the President can proclaim a National Emergency only on the written advice of the Cabinet (Council of Ministers), not just the Prime Minister alone. This was introduced to prevent misuse of Emergency powers as had allegedly happened in 1975. The amendment also made it mandatory for the Lok Sabha to approve the Emergency proclamation by a special majority. Additionally, it provided that the Lok Sabha could pass a resolution disapproving the continuance of Emergency by a simple majority.
Q: The 61st Constitutional Amendment reduced the voting age from 21 to what age?
Answer: 18
Explanation: The 61st Constitutional Amendment Act of 1988 reduced the minimum age for voting in elections from 21 years to 18 years. This amendment modified Article 326 of the Constitution which deals with elections to the Lok Sabha and State Legislative Assemblies. The reduction in voting age enfranchised a large number of young voters in India. This amendment came into effect for the 1989 general elections, bringing millions of young adults into the democratic process for the first time.