Question Discussion & Solution

The Correct answer is ​42nd Amendment.

 Key Points

• The 42nd Amendment of the Indian Constitution is the most comprehensive amendment to the Constitution and carried out major changes.
• It is also known as “mini-constitution”.
•  Amendments:
  • Added three new words (i.e., socialist, secular, and integrity) in the Preamble.
  • Added Fundamental Duties by the citizens (new Part IV A).
  • Made the president bound by the advice of the cabinet.
  • Provided for administrative tribunals and tribunals for other matters (Added Part XIV A).
  • Froze the seats in the Lok Sabha and state legislative assemblies on the basis of 1971 census till 2001 - Population Controlling Measure
  • Made the constitutional amendments beyond judicial scrutiny.
  • Curtailed the power of judicial review and writ jurisdiction of the Supreme Court and high courts.
  • Raised the tenure of Lok Sabha and state legislative assemblies from 5 to 6 years.
  • Provided that the laws made for the implementation of Directive Principles cannot be declared invalid by the courts on the ground of violation of some Fundamental Rights.
  • Added three new Directive Principles viz., equal justice and free legal aid, the participation of workers in the management of industries and protection of the environment, forests, and wildlife.
  • Provided for the creation of the All-India Judicial Service.
  • Shortened the procedure for disciplinary action by taking away the right of a civil servant to make representation at the second stage after the inquiry (i.e., on the penalty proposed).

 Important Points

• The 24th Amendment had re-established Parliament's authority to amend the Fundamental Rights in the Constitution.
• The 25th Amendment was intended to strip the Supreme Court of the power to go into the quantum of compensation for the takeover of property for public use.
• 44th Amendment Act nullified this unjustified power to the government.
• Right to Property was removed from the list of fundamental rights (Article 31) and was made a legal right under Article 300A.
• 73rd and 74th Constitutional Amendments were passed by Parliament in December 1992.
• Through these amendments, local self-governance was introduced in rural and urban India.

The correct answer is Both (A) and (R) are true and (R) is not the correct explanation of (A).

Key Points

• India is a federal (or quasi-federal) democratic republic with a parliamentary system of government largely based on the UK model.
• Parliament is the “supreme legislative body of India” comprised of the President and the two Houses – Rajya Sabha (the Council of States) and the Lok Sabha (the House of the People).
  • ​It is not necessary for a democratic country to have a constitution.

Additional Information

• After independence, pursuant to the Indian Independence Act, the Constituent Assembly became India’s first sovereign legislature. 
• The Assembly was formed under a plan recommended by the Cabinet Mission that called for the framing of the Constitution of India. 
• A drafting committee under the chairmanship of Dr. B.R. Ambedkar was set up by the Constituent Assembly.  
• It took the drafting committee two years and eleven months to complete the drafting of the Constitution.
• Full democracies are nations where civil liberties and fundamental political freedoms are not only respected but also reinforced by a political culture conducive to the thriving of democratic principles.

Fundamental rights are the basic human rights enshrined in the Constitution of India which are guaranteed to all citizens.

• They are applied without discrimination on the basis of race, religion, gender, etc. 
• There are six fundamental rights of the Indian Constitution along with the constitutional articles related to them are mentioned below:
  • Right to Equality (Article 14-18)
  • Right to Freedom (Article 19-22)
  • Right against Exploitation (Article 23-24)
  • Right to Freedom of Religion (Article 25-28)
  • Cultural and Educational Rights (Article 29-30)
  • Right to Constitutional Remedies (Article 32)

Important Points

Why Right to Property is not a Fundamental Right?

• There was one more fundamental right in the Constitution, i.e., the right to property. 
• However, this right was removed from the list of fundamental rights by the 44th Constitutional Amendment. 
• This was because this right proved to be a hindrance towards attaining the goal of socialism and redistributing wealth (property) equitably among the people. 

Note: The right to property is now a legal right and not a fundamental right. 

Option 1 is correct, i.e. Article 14-18.

The Correct answer is ​President has refused to give his assent to the Bill.

Key Points

• Joint sitting is not summoned when the president has refused to give his assent to the Bill. Hence it is not a sufficient ground to call joint sitting.

Occasions when Joint Session of Parliament is summoned:

• To resolve deadlock when any house of the Parliament passes a bill and:
• The other House rejects this bill, or
• The Houses do not agree on the amendments made to the bill, or
• More than six months elapsed with the bill being received by the other House without it being passed. Hence Option 1, 2, and 3 are sufficient grounds for join sitting.

​Important Points

• Article 108 of the Indian Constitution provides for a joint sitting of both Houses of Parliament.
• The joint session is summoned by the President.
• It is presided over by the Speaker of the Lok Sabha.
• The joint sitting is governed by the Rules of Procedure of Lok Sabha and not of Rajya Sabha.
• The quorum to constitute a joint sitting: 1/10th of the total number of members of the House.
• The Bill is passed by a simple majority of the total number of members of both the Houses present and voting in the joint sitting.