MCQ
Q.
Which of the following amendment/s in the Indian Constitution was/were equated with ‘Mini Constitution’?
Correct Answer: B
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.
