Political Science · Political Institutions in India
Which is Not correct about the 42nd Amendment of the Indian Constitution?
AIt was enacted during the national emergency declared by Indira Gandhi
BIt was called a mini-Constitution due to the extensive changes it made
CIt inserted Article 51A on fundamental duties
DMany of its provisions were struck down by the Supreme Court in the Kesavananda Bharati case ✓ Correct
Correct answer: (D) Many of its provisions were struck down by the Supreme Court in the Kesavananda Bharati case — It is wrong to say the 42nd Amendment's provisions were struck down in the Kesavananda Bharati case.
Explanation
★It is wrong to say the 42nd Amendment's provisions were struck down in the Kesavananda Bharati case.
★Many of its provisions were actually struck down in the Minerva Mills case of 1980.
★The Kesavananda Bharati case of 1973 came before the 42nd Amendment of 1976.
★The 42nd Amendment was enacted during the national emergency declared by Indira Gandhi.
★It was called a mini-Constitution because of the sweeping changes it made.
★It inserted Article 51A on the fundamental duties of citizens.
★So only the reference to Kesavananda Bharati is incorrect, since the striking down came in Minerva Mills.
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