Constitution: As A Living Document

Question

You have read in this chapter that the 42nd amendment was one of the most controversial amendments so far. Which of the following were the reasons for this controversy?

a. It was made during national emergency and the declaration of that emergency was itself controversial.

b. It was made without the support of special majority.

c. It was made without ratification by State legislatures.

d. It contained provisions, which were controversial.

Answer

The 42nd amendment was one of the most controversial amendments. The reason of this controversy were:

(a) It was made during emergency and the declaration of that emergency was itself controversial.

(d) It contained provisions which were controversial.

It was an attempt to override the ruling of the Supreme Court given in the Kesavananda case. Even the duration of Lok Sabha was extended from five to six years. The 42nd amendment also put restrictions on the power of judicial review of the courts. This amendment made changes to the Preamble, to the Seventh Schedule and to 53 articles of the Constitution. Many MPs belonging to the opposition parties were in jail.

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