Previous Year Question

(A) Curtailment of the power of judicial review — 38th Constitutional Amendment: The 38th Constitutional Amendment Act, 1975 inserted provisions making the satisfaction of the President, Governor or Administrator in certain matters relating to Ordinances and Emergencies final and conclusive and not open to challenge in court. It therefore restricted Judicial Review in those specified areas. Several such provisions were subsequently removed by the 44th Amendment.

(B) Abolition of Right to Property as a Fundamental Right — 44th Constitutional Amendment: The 44th Constitutional Amendment Act, 1978 omitted Article 19(1)(f) and ended the status of the Right to Property as a Fundamental Right. Property remained protected as a constitutional right under Article 300A.

(C) Lowering the voting age from 21 to 18 — 61st Constitutional Amendment: The 61st Constitutional Amendment Act, 1988 amended Article 326 and reduced the minimum voting age from 21 years to 18 years.

(D) Addition of the word ‘Secular’ in the Preamble — 42nd Constitutional Amendment: The 42nd Constitutional Amendment Act, 1976 made changes to the Preamble involving the terms Socialist, Secular and Integrity; the word ‘Secular’ was thus added to the Preamble through this Amendment.

It is useful to note that the 42nd Amendment also contained important provisions restricting Judicial Review, but in this matching question the 42nd Amendment is paired with the addition of ‘Secular’, while the 38th Amendment is paired with non-justiciability in specified matters.