The 40th Amendment Act of 1976 was applied to which Article of the Constitution of India?

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SSC CGL 2021 Tier-I (Held On : 18 April 2022 Shift 3)
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  1. 297
  2. 248
  3. 245
  4. 226

Answer (Detailed Solution Below)

Option 1 : 297
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PYST 1: SSC CGL - English (Held On : 11 April 2022 Shift 1)
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Detailed Solution

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The correct answer is Article 297.

  • The 40th Amendment Act of 1976 was applied to Article 297 of the constitution of India.

Key Points

  • According to the  40th Amendment Act of 1976:
    • For Article 297 of the Constitution, the following article shall be substituted, namely:-
      • Article 297(3).
      • Article297(2)
      • Article 297(1)
    • ​These articles empowered the Parliament to specify from time to time,
    • the limits of the territorial waters, the continental shelf, the Exclusive Economic Zone (EEZ), and the maritime zones of India.
  • 40th Amendment 1976, also included 64 more Central and state laws.
  • Mostly relating to land reforms in the 9th Schedule.

Additional Information

  •  Article 248
    • It deals with the residuary powers of legislation.
    • It states that parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List.
  • Article 245
    • ​Article 245 of the Indian constitution talks about the extent of laws made by Parliament and by the Legislatures of States.
    • It gives Parliament the power to make laws and also gives the legislative body the power to repeal them.
  • Article 226
    • ​Article 226 of the Constitution empowers the Hon'ble High Courts to exercise power through the issuance of writs:
      • Habeas Corpus
      • Mandamus
      • Quo Warranto
      • Prohibition and certiorari or any appropriate writ.
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