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Forty-second Amendment of the Constitution of India: Difference between revisions
Forty-second Amendment of the Constitution of India (edit)
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Most provisions of the amendment came into effect on 3 January 1977, others were enforced from 1 February and Section 27 came into force on 1 April 1977. The 42nd Amendment is regarded as the most controversial constitutional amendment in history.<ref>{{Cite web|url=https://ccrd.vidhiaagaz.com/42nd-amendment-of-indian-constitution/|title=42nd Amendment, Was it India's or Indira's Constitution? - CCRD|last=Kesharwani|first=Gyan Prakash|date=2019-07-14|website=Centre for Constitutional Research and Development|language=en-US|access-date=2020-01-31}}</ref> It attempted to reduce the power of the [[Supreme Court of India|Supreme Court]] and [[High Courts of India|High Court]]s to pronounce upon the constitutional validity of laws. It laid down the [[Fundamental Duties of India|Fundamental Duties]] of Indian citizens to the nation. This amendment brought about the most widespread changes to the Constitution in its history. | Most provisions of the amendment came into effect on 3 January 1977, others were enforced from 1 February and Section 27 came into force on 1 April 1977. The 42nd Amendment is regarded as the most controversial constitutional amendment in history.<ref>{{Cite web|url=https://ccrd.vidhiaagaz.com/42nd-amendment-of-indian-constitution/|title=42nd Amendment, Was it India's or Indira's Constitution? - CCRD|last=Kesharwani|first=Gyan Prakash|date=2019-07-14|website=Centre for Constitutional Research and Development|language=en-US|access-date=2020-01-31}}</ref> It attempted to reduce the power of the [[Supreme Court of India|Supreme Court]] and [[High Courts of India|High Court]]s to pronounce upon the constitutional validity of laws. It laid down the [[Fundamental Duties of India|Fundamental Duties]] of Indian citizens to the nation. This amendment brought about the most widespread changes to the Constitution in its history. | ||
Many parts of the Constitution, including the [[Preamble to the Constitution of India|Preamble]] and amending clause, were changed by the 42nd Amendment, and some new articles and sections were inserted. The amendment's fifty-nine clauses stripped the Supreme Court of many of its powers and moved the political system toward [[parliamentary sovereignty]]. It curtailed democratic rights in the country, and gave sweeping powers to the [[Prime Minister's Office (India)|Prime Minister's Office]].<ref name="google1263">{{cite news|title=Janata's flaws shown by wins in northern India|url=https://news.google.com/newspapers?id=93FkAAAAIBAJ&pg=1263,93934&dq=42nd+amendment&hl=en|access-date=21 November 2013|newspaper=The Calgary Herald|date=21 June 1977|author=John R. Walker|agency=Southam News Services}}</ref> The amendment gave [[Parliament of India|Parliament]] unrestrained power to amend any parts of the Constitution, without judicial review. It transferred more power from the state governments to the central government, eroding India's federal structure. The 42nd Amendment also amended Preamble and changed the description of India from "[[Sovereign state|sovereign]] [[Democracy|democratic]] [[republic]]" to a "sovereign, [[socialist]] [[Secularism|secular]] democratic republic", and also changed the words "unity of the nation" to "unity and integrity of the nation". | Many parts of the Constitution, including the [[Preamble to the Constitution of India|Preamble]] and amending clause, were changed by the 42nd Amendment, and some new articles and sections were inserted. The amendment's fifty-nine clauses stripped the Supreme Court of many of its powers and moved the political system toward [[parliamentary sovereignty]]. It curtailed democratic rights in the country, and gave sweeping powers to the [[Prime Minister's Office (India)|Prime Minister's Office]].<ref name="google1263">{{cite news|title=Janata's flaws shown by wins in northern India|url=https://news.google.com/newspapers?id=93FkAAAAIBAJ&pg=1263,93934&dq=42nd+amendment&hl=en|access-date=21 November 2013|newspaper=The Calgary Herald|date=21 June 1977|author=John R. Walker|agency=Southam News Services}}</ref> The amendment gave [[Parliament of India|Parliament]] unrestrained power to amend any parts of the Constitution, without judicial review. It transferred more power from the state governments to the central government, eroding India's federal structure. The 42nd Amendment also amended Preamble and changed the description of India from "[[Sovereign state|sovereign]] [[Democracy|democratic]] [[republic]]" to a "sovereign, [[democratic socialism|socialist]] [[Secularism|secular]] democratic republic", and also changed the words "unity of the nation" to "unity and integrity of the nation". | ||
The Emergency era had been widely unpopular, and the 42nd Amendment was the most controversial issue. The clampdown on civil liberties and widespread abuse of human rights by police angered the public. The [[Janata Party]] which had promised to "restore the Constitution to the condition it was in before the Emergency", won the [[1977 Indian general election|1977 general elections]]. The [[Premiership of Morarji Desai|Janata government]] then brought about the 43rd and 44th Amendments in 1977 and 1978 respectively, to restore the pre-1976 position to some extent. However, the Janata Party was not able to fully achieve its objectives. | The Emergency era had been widely unpopular, and the 42nd Amendment was the most controversial issue. The clampdown on civil liberties and widespread abuse of human rights by police angered the public. The [[Janata Party]] which had promised to "restore the Constitution to the condition it was in before the Emergency", won the [[1977 Indian general election|1977 general elections]]. The [[Premiership of Morarji Desai|Janata government]] then brought about the 43rd and 44th Amendments in 1977 and 1978 respectively, to restore the pre-1976 position to some extent. However, the Janata Party was not able to fully achieve its objectives. | ||
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{{col-break}} | {{col-break}} | ||
Did not ratify: | Did not ratify: | ||
*[[States:]] | |||
# [[Gujarat]] | # [[Gujarat]] | ||
# [[Jammu and Kashmir (state)|Jammu and Kashmir]] | # [[Jammu and Kashmir (state)|Jammu and Kashmir]] | ||
# [[Kerala]] | # [[Kerala]] | ||
# [[Tamil Nadu]] | |||
*[[Union Territories at that time]] | |||
# [[Meghalaya]] | # [[Meghalaya]] | ||
# [[Nagaland]] | # [[Nagaland]] | ||
{{col-end}} | {{col-end}} | ||