Difficulty: Medium
Correct Answer: Forty second Amendment Act
Explanation:
Introduction / Context:
The relationship between Fundamental Rights in Part III and Directive Principles of State Policy in Part IV of the Constitution of India has been a central theme in constitutional law. Fundamental Rights are justiciable and enforceable, while Directive Principles are non justiciable guidelines for governance. At various points, amendments have attempted to adjust the balance between these two sets of provisions. The question asks you to identify which Constitutional Amendment Act explicitly gave precedence to Directive Principles over Fundamental Rights whenever there was a conflict.
Given Data / Assumptions:
- The options list several famous amendments including the Fortieth, Forty second, Forty fourth, Forty sixth and Twenty fourth Amendment Acts.
- The question refers specifically to precedence of Directive Principles over Fundamental Rights in case of conflict.
- We assume basic knowledge of landmark amendments in Indian constitutional history, especially those passed during the Emergency period in the mid nineteen seventies.
- The Forty second Amendment is widely known as a mini Constitution because of its extensive changes.
Concept / Approach:
The Forty second Amendment Act of 1976 made many far reaching changes to the Constitution, including attempts to strengthen the position of Directive Principles. It inserted Article 31C in an expanded form, stating that laws giving effect to certain Directive Principles would not be invalidated on the ground of violation of certain Fundamental Rights and that in case of conflict the Directive Principles would prevail. Although later Supreme Court judgments read down some of these changes, the amendment is still remembered for formally attempting to give Directive Principles precedence. Therefore, we must correctly associate this feature with the Forty second Amendment Act.
Step-by-Step Solution:
Step 1: Recall the role of the Forty second Amendment Act during the Emergency period and its reputation as a mini Constitution.Step 2: Remember that this amendment sought to strengthen Directive Principles by modifying Article 31C and related provisions.Step 3: Note that it explicitly aimed to give primacy to laws implementing Directive Principles even when they appeared to conflict with certain Fundamental Rights.Step 4: Compare this with the other listed amendments, which focus on different constitutional issues.Step 5: Select the Forty second Amendment Act as the correct answer.
Verification / Alternative check:
Verification can be done by consulting constitutional law textbooks that discuss the tussle between Fundamental Rights and Directive Principles. They explain that the Forty second Amendment broadened Article 31C so that any law implementing any Directive Principle could not be challenged for violating Articles 14, 19 or 31. Later, in the Minerva Mills case, the Supreme Court struck down this broad extension as damaging the basic structure. This historical narrative makes it clear that the attempt to give Directive Principles precedence is tied to the Forty second Amendment Act.
Why Other Options Are Wrong:
The Fortieth Amendment Act dealt largely with issues such as nationalisation and property related matters, rather than with the precedence of Directive Principles. The Forty fourth Amendment Act, passed after the Emergency, actually sought to restore the balance in favour of Fundamental Rights and removed the right to property from the list of Fundamental Rights, so it is not the one that gave Directive Principles precedence. The Forty sixth Amendment focused on taxation of the sale of goods and service elements and not on the broad relationship between Parts III and IV. The Twenty fourth Amendment primarily dealt with Parliament's power to amend the Constitution and clarified that amendment of Fundamental Rights is possible, but it did not give Directive Principles automatic precedence in conflicts.
Common Pitfalls:
Students often confuse the Forty second and Forty fourth Amendments because both are extremely important and close together in time. Another mistake is to assume that any amendment affecting Fundamental Rights must relate to Directive Principles as well. It is important to remember the distinct roles of major amendments and to link the concept of Directive Principles being given primacy specifically to the Forty second Amendment, while later judicial review in Minerva Mills rebalanced the relationship.
Final Answer:
Forty second Amendment Act is the Constitutional Amendment that attempted to give Directive Principles of State Policy precedence over Fundamental Rights wherever the two were in conflict.
Discussion & Comments