The 42nd Amendment Act of 1976 was the most controversial amendment to the Constitution of India. It was passed by the Indira Gandhi government at a time when the country was under Emergency rule. The amendment made a number of changes to the Constitution, including:
- Making India a “socialist secular republic”
- Abrogating fundamental rights
- Empowering the President to rule by decree
- Diluting the powers of the judiciary
The 42nd Amendment Act was widely criticized by opposition parties and civil liberties groups. It was also challenged in the Supreme Court, which struck down some of its provisions. However, the amendment remained in force until it was repealed by the 44th Amendment Act of 1978.
The 42nd Amendment Act was a major turning point in Indian history. It marked the beginning of a period of authoritarian rule by Indira Gandhi. The amendment also had a lasting impact on the Constitution of India, as many of its provisions were later incorporated into the basic structure of the Constitution.
Introduction
The 42nd Amendment Act of 1976 was the most controversial amendment to the Constitution of India. It was passed by the Indira Gandhi government at a time when the country was under Emergency rule. The amendment made a number of changes to the Constitution, including:
- Making India a “socialist secular republic”
- Abrogating fundamental rights
- Empowering the President to rule by decree
- Diluting the powers of the judiciary
The 42nd Amendment Act was widely criticized by opposition parties and civil liberties groups. It was also challenged in the Supreme Court, which struck down some of its provisions. However, the amendment remained in force until it was repealed by the 44th Amendment Act of 1978.
The 42nd Amendment Act was a major turning point in Indian history. It marked the beginning of a period of authoritarian rule by Indira Gandhi. The amendment also had a lasting impact on the Constitution of India, as many of its provisions were later incorporated into the basic structure of the Constitution.
Background
The 42nd Amendment Act was passed by the Indira Gandhi government in 1976. The government had come to power in 1967 with a large majority in the Lok Sabha. However, its popularity began to decline in the early 1970s. This was due to a number of factors, including the economic crisis of 1973-74, the Bangladesh Liberation War of 1971, and the Emergency of 1975-77.
In order to consolidate its power, the Indira Gandhi government decided to amend the Constitution. The 42nd Amendment Act was passed by the Lok Sabha on December 31, 1975, and by the Rajya Sabha on January 3, 1976. It was assented to by the President on January 4, 1976.
Provisions of the 42nd Amendment Act
The 42nd Amendment Act made a number of changes to the Constitution of India. Some of the most important changes included:
- Making India a “socialist secular republic”
- Abrogating fundamental rights
- Empowering the President to rule by decree
- Diluting the powers of the judiciary
The amendment also made changes to the Preamble, the Fundamental Rights, the Directive Principles of State Policy, the Union and State Lists, and the Schedules to the Constitution.
Criticism of the 42nd Amendment Act
The 42nd Amendment Act was widely criticized by opposition parties and civil liberties groups. They argued that the amendment was an attempt by the Indira Gandhi government to consolidate its power and to undermine the democratic institutions of India.
The amendment was also challenged in the Supreme Court. In the case of Kesavananda Bharati v. State of Kerala (1973), the Supreme Court struck down some of the provisions of the amendment, including the one that had abrogated fundamental rights. However, the court upheld the amendment’s other provisions.
Repeal of the 42nd Amendment Act
The 42nd Amendment Act was repealed by the 44th Amendment Act of 1978. The 44th Amendment Act restored the fundamental rights that had been abrogated by the 42nd Amendment Act. It also diluted the powers of the President and the Prime Minister.
Impact of the 42nd Amendment Act
The 42nd Amendment Act was a major turning point in Indian history. It marked the beginning of a period of authoritarian rule by Indira Gandhi. The amendment also had a lasting impact on the Constitution of India, as many of its provisions were later incorporated into the basic structure of the Constitution.