Correct Option
The correct option is They cancelled most of the changes effected by the 38th, 39th, and 42nd amendments..
Explanation
The 43rd (1977) and 44th (1978) Constitutional Amendments were enacted by the Janata Government following the end of the Internal Emergency (1975-1977). Their primary objective was to restore the democratic framework and judicial balance of the Constitution, which had been significantly altered by the 42nd Amendment Act, 1976 (often referred to as the "Mini-Constitution").
Detailed Analysis
- They cancelled most of the changes effected by the 38th, 39th, and 42nd amendments. is Correct: The 42nd Amendment had introduced drastic changes, such as curtailing the power of judicial review, extending the tenure of the Lok Sabha, and giving Directive Principles primacy over Fundamental Rights. The 38th and 39th Amendments had placed restrictions on judicial scrutiny regarding the declaration of emergency and the election of high dignitaries (President, Vice-President, Prime Minister, and Speaker). The 43rd and 44th Amendments were specifically drafted to repeal these distortions and restore the original jurisdiction of the Supreme Court and High Courts.
- They consolidated the changes made by the 42nd Amendment. is Incorrect: These amendments did not consolidate the changes made by the 42nd Amendment; rather, they sought to nullify and reverse them to prevent future abuse of power.
- They introduced the Basic Structure doctrine formally into the text. is Incorrect: The "Basic Structure" doctrine is a judicial innovation established by the Supreme Court in the Kesavananda Bharati case (1973). It has never been formally incorporated into the text of the Constitution via an amendment.
- They increased the power of the Parliament to amend the Constitution without judicial review. is Incorrect: The 42nd Amendment attempted to give Parliament unbridled power to amend the Constitution and exclude judicial review. The 43rd and 44th Amendments reversed this, restoring the power of judicial review to the courts.
Key Takeaway: The 43rd and 44th Amendments were restorative in nature, aimed at cancelling the authoritarian provisions introduced by the 38th, 39th, and 42nd Amendments and safeguarding civil liberties and judicial independence.