Why 42nd Amendment is a revision of the Indian Constitution
The 42nd Amendment to the Indian Constitution, enacted in 1976, is considered one of the most significant revisions in the history of India’s constitutional framework. Often referred to as the "Mini-Constitution," this amendment introduced extensive changes to various parts of the Constitution, affecting its core principles and operational structures.
Extensive Alterations
The 42nd Amendment is notable for the wide-ranging alterations it made to the Constitution. It revised the Preamble, which sets out the fundamental values and objectives of the Constitution. The amendment also impacted the Fundamental Rights and the Directive Principles of State Policy. These changes reflected a major shift in how the Constitution was intended to guide the country’s governance and social justice.
Shift in Balance of Power
One of the key features of the 42nd Amendment was its impact on the balance of power between different branches of government. It aimed to reduce the powers of the judiciary, particularly the Supreme Court and High Courts. This move was intended to enhance the supremacy of Parliament and limit the judicial review of legislative actions. Additionally, the amendment introduced Fundamental Duties for citizens, a new concept at the time, emphasizing the responsibilities of individuals towards the nation.
Introduction of New Concepts
The amendment also introduced new terms into the Preamble, such as "Socialist," "Secular," and "Integrity." These additions marked a significant ideological shift, reflecting the government's desire to emphasize the values of socialism and secularism in the governance of India. The inclusion of "Integrity" aimed to promote national unity and solidarity among the diverse population of the country.
Centralization of Power
Another major change brought about by the 42nd Amendment was the centralization of power. It sought to strengthen the central government at the expense of the states, moving towards a more unitary system rather than a federal one. This shift was intended to ensure greater control and coordination from the central authority, especially in times of national crisis or emergency.
Controversial Circumstances
The 42nd Amendment was enacted during the Emergency period declared by then-Prime Minister Indira Gandhi. This period was characterized by political unrest and authoritarian measures. The circumstances under which the amendment was passed led to significant controversy and criticism. Many viewed it as a means for the ruling government to consolidate its power and limit democratic oversight.
Reversal and Modification
Due to the contentious nature of the 42nd Amendment and the political environment in which it was introduced, many of its provisions were later reversed or modified. The 44th Amendment, enacted in 1978 after the end of the Emergency, aimed to restore some of the changes made by the 42nd Amendment. This included re-establishing the powers of the judiciary and addressing issues related to federalism and individual rights. the 42nd Amendment is seen as a major overhaul of the Indian Constitution due to the breadth and depth of changes it introduced. Its impact on the balance of power, the ideological direction of the Constitution, and the centralization of authority marked a significant revision of the country’s constitutional framework. Despite the subsequent modifications, the 42nd Amendment remains a pivotal moment in Indian constitutional history.
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