The Forty-second Amendment of the Constitution of India, enacted in 1976, attempted to reduce the power of the Indian Supreme Court and High Courts to pronounce upon the constitutional validity of laws. It also declared India to be a socialist and secular republic, and as securing fraternity assuring the unity “and integrity” of the Nation, by adding these words to the Preamble of the Constitution of India.

Correct Option: C

The Forty-second Amendment of the Constitution of India, enacted in 1976, attempted to reduce the power of the Indian Supreme Court and High Courts to pronounce upon the constitutional validity of laws. It also declared India to be a socialist and secular republic, and as securing fraternity assuring the unity “and integrity” of the Nation, by adding these words to the Preamble of the Constitution of India.

The power of Parliament to legislate and amend provisions of the Constitution came up for judicial review in many cases; most important of them being Kesavananda Bharati Vs State of Kerala, the famous decision of 13 judges’ Bench in 1973. The majority in this case held that the power of amendment under Article 368 of the Constitution is not absolute, but subject to various implied and inherent restrictions imposed by the basic structure of the frame-work of the Constitution. The Parliament in its efforts to regain the ‘supremacy’ in amending the Constitution, added clauses (4) and (5) to Article 368, trying to make the amending power of Parliament unlimited and to limit the judicial review over such amendments. However, this amendment was also struck down by Supreme Court in Minerva Mills Vs Union of India (1980) case. While there is no judicial unanimity on what constitutes the basic features of Indian Constitution, different Benches of the Supreme Court have declared different aspects as its basic features. A perusal of these decisions would tell us that the following are the established basic features of the Indian Constitution: Supremacy of Constitution; Republican and Democratic form of government; Secular character; Separation of Powers; Judicial review; Independence of Judiciary; Harmony between Fundamental rights and Directive principles; etc.

Correct Option: D

The power of Parliament to legislate and amend provisions of the Constitution came up for judicial review in many cases; most important of them being Kesavananda Bharati Vs State of Kerala, the famous decision of 13 judges’ Bench in 1973. The majority in this case held that the power of amendment under Article 368 of the Constitution is not absolute, but subject to various implied and inherent restrictions imposed by the basic structure of the frame-work of the Constitution. The Parliament in its efforts to regain the ‘supremacy’ in amending the Constitution, added clauses (4) and (5) to Article 368, trying to make the amending power of Parliament unlimited and to limit the judicial review over such amendments. However, this amendment was also struck down by Supreme Court in Minerva Mills Vs Union of India (1980) case. While there is no judicial unanimity on what constitutes the basic features of Indian Constitution, different Benches of the Supreme Court have declared different aspects as its basic features. A perusal of these decisions would tell us that the following are the established basic features of the Indian Constitution: Supremacy of Constitution; Republican and Democratic form of government; Secular character; Separation of Powers; Judicial review; Independence of Judiciary; Harmony between Fundamental rights and Directive principles; etc.

The Forty-second Amendment of the Constitution of India, enacted in 1976, attempted to reduce the power of the Indian Supreme Court and High Courts to pronounce upon the constitutional validity of laws. The Amendment established beyond doubt the supremacy of Parliament over the other wings of Government; gave the Directive Principles precedence over the Fundamental Rights; enumerated for the first time a set of ten Fundamental Duties. It further imposed limits on the power and jurisdiction of the judiciary; raised the term of the Lok Sabha and the Vidhan Sabha from five to six years; authorised the use of Central armed forces in any State to deal with law and order problems, made the President bound by the advice of the Council of Ministers and envisaged the establishment of administrative tribunals for service matters of Government employees and also other tribunals for economic offences.

Correct Option: A

The Forty-second Amendment of the Constitution of India, enacted in 1976, attempted to reduce the power of the Indian Supreme Court and High Courts to pronounce upon the constitutional validity of laws. The Amendment established beyond doubt the supremacy of Parliament over the other wings of Government; gave the Directive Principles precedence over the Fundamental Rights; enumerated for the first time a set of ten Fundamental Duties. It further imposed limits on the power and jurisdiction of the judiciary; raised the term of the Lok Sabha and the Vidhan Sabha from five to six years; authorised the use of Central armed forces in any State to deal with law and order problems, made the President bound by the advice of the Council of Ministers and envisaged the establishment of administrative tribunals for service matters of Government employees and also other tribunals for economic offences.

Article 370 of the Indian constitution grants special autonomous status to Jammu and Kashmir. Similar protections for unique status exist in tribal areas of India including those in Himachal Pradesh, Arunachal Pradesh, Andaman & Nicobar Islands and Nagaland however it is only for the state of Jammu and Kashmir that the accession of the state to India is still a matter of dispute between India and Pakistan still on the agenda of the UN Security Council.

Correct Option: C

Article 370 of the Indian constitution grants special autonomous status to Jammu and Kashmir. Similar protections for unique status exist in tribal areas of India including those in Himachal Pradesh, Arunachal Pradesh, Andaman & Nicobar Islands and Nagaland however it is only for the state of Jammu and Kashmir that the accession of the state to India is still a matter of dispute between India and Pakistan still on the agenda of the UN Security Council.

National emergency is caused by war, external aggression or armed rebellion in the whole of India or a part of its territory. The President can declare such an emergency only on the basis of a written request by the Council of Ministers headed by the Prime Minister. Such a proclamation must be approved by the Parliament within one month. Such an emergency can be imposed for six months. It can be extended by six months by repeated parliamentary approval.

Correct Option: A

National emergency is caused by war, external aggression or armed rebellion in the whole of India or a part of its territory. The President can declare such an emergency only on the basis of a written request by the Council of Ministers headed by the Prime Minister. Such a proclamation must be approved by the Parliament within one month. Such an emergency can be imposed for six months. It can be extended by six months by repeated parliamentary approval.