Evaluate the significance and implications of the 42nd Amendment Act of 1976 in shaping India’s constitutional framework. Discuss its provisions, controversies surrounding its enactment, and its lasting impact on Indian politics and governance.
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The 42nd Amendment Act, of 1976, was often called a mini-constitution. It was a significant development of the Indian Constitution. This amendment was enacted on January 3, 1977. The aim of the 42nd Amendment was to strengthen the federal structure of the country and reduce the powers of the Judiciary. The key provisions of the amendment included:
The amendment was controversial due to its perceived attempt to undermine judicial review and limit civil liberties. Critics argued that it was an undemocratic move by the Indira Gandhi government to consolidate its power and suppress opposition. The amendment was passed through a joint session of Parliament, with support from the ruling party and some opposition parties. The 42nd Amendment had a profound impact on India’s federal structure. It significantly increased the power of the central government, reducing the autonomy of state governments. This shift emphasized a more unitary system, which some argued was against the federal nature of the nation.