Govt. Exams
Entrance Exams
Article 371 contains special provisions for states like Maharashtra (371-A), Gujarat (371-B), Nagaland (371-A), Manipur (371-B), Telangana (371-D), and others.
Goa doesn't have a specific Article 371 clause, though it has special constitutional status from other provisions.
The special articles were created to address unique historical, cultural, and administrative needs of these states.
While Article 37 states that DPSPs are not enforceable in courts, the Supreme Court has evolved the doctrine of harmonious construction, attempting to give effect to both.
However, generally Fundamental Rights take precedence.
In cases like Kerala Education Bill, the Court balanced both.
The Constitution itself recognizes potential conflict by making FR enforceable and DPSP non-enforceable.
The 42nd Amendment (1976) significantly modified the Preamble, added Article 39A, and amended Article 368.
However, Article 21 was NOT directly modified by the 42nd Amendment.
The expansion of Article 21 to include right to life with dignity came through judicial interpretation, particularly in later judgments like Maneka Gandhi v.
Union of India (1978).
Article 72 grants the President the power to grant pardons, reprieves, respites, and remissions.
However, the article specifically provides that this power 'shall not extend to the punishment prescribed for an offense by the law of, or made by authority under, a law of, a State.' More importantly, Article 72(1)(c) states that the power shall not extend to cases where the punishment is by way of impeachment by Parliament.
The President exercises this power on the advice of the Cabinet/Prime Minister.
Article 37 states that nothing in the DPSP shall be enforceable by any court, while Article 13 makes laws violating Fundamental Rights void.
However, the Supreme Court has evolved the doctrine of 'harmonious construction,' attempting to balance both.
In landmark cases like Kesavananda Bharati (1973), the Court established that Fundamental Rights cannot be completely overridden, but DPSP can limit their scope.
Each case is examined individually for constitutional validity.
Article 72 grants the President power to pardon, reprieve, respite, and remit sentences in three categories: (1) offences against Union law, (2) sentences imposed by court-martial, and (3) sentences of death.
However, the President can only exercise this on the advice of the Council of Ministers.
The President cannot pardon offences against state laws or grant pardon in impeachment cases.
The power applies to cases where conviction is under Union law specifically.
Article 368(3) requires that amendments affecting the division of powers between Union and states, and amendments altering the provisions regarding representation of states in Parliament, must be ratified by at least half of the state legislatures in addition to parliamentary approval.
This protects federalism.
For example, amendments to Article 1 (territory of India) and Articles 245-255 (distribution of legislative powers) require state ratification.
The President cannot directly dismiss the Prime Minister.
Article 75(5) provides that the PM holds office during the pleasure of the President, but this is a formal provision.
Practically, the PM must command confidence of Lok Sabha majority (Article 75).
If the PM loses this confidence, they resign or face a no-confidence motion.
The President cannot arbitrarily dismiss the PM—this is a fundamental principle of parliamentary democracy.
The President acts on advice of the Council of Ministers (Article 74).
Article 131 grants the Supreme Court original jurisdiction in disputes between Union and states or between states.
Article 32 provides original jurisdiction for enforcing constitutional rights.
Article 138 extends original jurisdiction to matters of public importance involving interpretation of the Constitution.
The Supreme Court's original jurisdiction is limited and mainly covers federal disputes and constitutional matters, not general civil/criminal cases.
# Solution: The 42nd Amendment and Constitutional Changes
The 42nd Amendment, passed during the Emergency period, fundamentally restructured the Indian Constitution by expanding certain rights while simultaneously restricting others and making the amendment procedure more rigid.
Step 1: Understanding the 42nd Amendment (1976)
Passed during Indira Gandhi's Emergency (1975-1977), this amendment made sweeping changes to the Constitution's structure. It is often called the "Mini-Constitution" because it altered the basic framework of Indian democracy more extensively than any other amendment.
Step 2: Key Changes to Fundamental Rights and Amendment Procedure
The 42nd Amendment added new Directive Principles of State Policy (environmental protection, public property protection), restricted some Fundamental Rights, and crucially made amendments to Part III (Fundamental Rights), Part IV (Directive Principles), and the amendment procedure itself much more difficult by requiring a supermajority rather than simple parliamentary majority. This effectively reduced judicial review and expanded executive power.
Final Answer: (B) 42nd Amendment (1976) — This amendment expanded the scope by adding new constitutional directives, simultaneously restricted certain freedoms, and fundamentally altered the amendment procedure to make constitutional changes more rigid and government-controlled.
