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Which of the following Articles was added by the 42nd Amendment Act, 1976?
Question

Which of the following Articles was added by the 42nd Amendment Act, 1976?

A.

Article 31D

B.

Article 31

C.

Article 101

D.

Article 22

Correct option is A

The correct answer is (a) Article 31D

Explanation:

• Article 31D was added by the 42nd Constitutional Amendment Act, 1976 during the Emergency period.

• It dealt with the “Saving of laws in respect of anti-national activities”, allowing Parliament to make laws to prevent or prohibit such activities and associations.

• It was seen as a tool to suppress dissent and was criticized for being against democratic values.

• Due to its controversial nature, Article 31D was later repealed by the 43rd Amendment Act, 1977.

• Thus, even though temporary, it was indeed added by the 42nd Amendment.

Information Booster:

• The 42nd Amendment is often referred to as the “Mini Constitution” due to the extensive changes it made.

• It inserted the words “Socialist,” “Secular,” and “Integrity” into the Preamble.

• It also curtailed the powers of the judiciary and strengthened the central government.

Additional Knowledge:

Article 31 (Option b)

• Related to the Right to Property, which was originally a Fundamental Right.

• It was not added by the 42nd Amendment.

• It was later removed as a Fundamental Right by the 44th Amendment Act, 1978 and made a legal right under Article 300A.

Article 101 (Option c)

• Deals with vacation of seats in Parliament.

• It was part of the original Constitution, not added by the 42nd Amendment.

Article 22 (Option d)

• Provides protection against arrest and detention, including preventive detention safeguards.

• It was also part of the original Constitution and remained unchanged by the 42nd Amendment.

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