The 42nd Amendment Act of 1976 brought various comprehensive changes in the constitution of India and therefore is also known as the "mini constitution" of India. The key changes brought by the 42nd Amendment Act, 1976 includes- 1) The words 'socialist', 'secular' and 'integrity' were added to the PRead more
The 42nd Amendment Act of 1976 brought various comprehensive changes in the constitution of India and therefore is also known as the “mini constitution” of India.
The key changes brought by the 42nd Amendment Act, 1976 includes-
1) The words ‘socialist’, ‘secular’ and ‘integrity’ were added to the Preamble.
2) It introduced Fundamental Duties (Article 51A) in part IV-A of the constitution.
3) The scope of Directive Principles of State Policy was widened.
4) The power of Judicial Review within the Supreme court and High courts were restricted.
5) Article 368 was amended, courts were no longer allowed to challenge the constitutionality of amendments.
6) Emergency provisions were altered and the President’s powers to declare and extend emergencies were broadened.
7) ‘Concurrent list’ was introduced and various subjects of the State list were shifted to concurrent list.
8)This amendment provided reservation to SC’s and ST’s in legislative bodies.
9) Provision was added for the creation of an administrative tribunal in relation to public services.
10) The tenure of lok sabha and state legislative assemblies increased from 5 to 6 years.
To nullify various provisions of 42nd Amendment Act, the 44th Amendment Act of 1978 was enacted which brought the following changes-
1) It restored the importance of Fundamental Rights.
2) The power of Judicial Review was restored.
3) It declared the grounds for emergencies (Article352) i.e. war, external aggression or armed rebellion.
4) Check on the president’s power during the emergency was revived.
5) Right to property was removed as a fundamental right and was made a legal right.
6) It also removed censorship from the media to report activities of parliament.
The "basic structure" doctrine is an Indian judicial innovation which States that the constitution of India has certain basic features that cannot be altered or destroyed even through amendments by the legislature. It was first introduced by the supreme court of India in the landmark case of KeshavaRead more
The “basic structure” doctrine is an Indian judicial innovation which States that the constitution of India has certain basic features that cannot be altered or destroyed even through amendments by the legislature. It was first introduced by the supreme court of India in the landmark case of Keshavananda bharati vs State of Kerala in 1973.
Basic structure doctrine has prevented the state from bypassing the underlying principles of the constitution as follows.
Preserving the spirit of the constitution:
The basic structure doctrine has ensured over the years that the constitution cannot be tampered with arbitrary by the legislature or the executive.
For example; in Keshavananda bharati vs State of Kerala(1973), the supreme court ruled that article 368 of the constitution did not provide the parliament the authority to change the basic structure of the constitution.
Preserving judicial independence:
The basic structure doctrine has helped preserve judicial independence in india by empowering the judiciary to strike down unconstitutional laws.
For example: the NJAC act,2014 which aimed to replace the collegium system for appointing judges was struck down by the sc in 2015.
Upholding secularism:
The doctrine has prevented the State from adopting measures that would undermine the secular nature of the polity.
For example: In the case of S.R Bommai vs union of India (1994), the supreme court held that secularism is a part of the basic structure.
The basic structure doctrine has thus helped to ensure that the constitution remains the ultimate authority in the country,and that the principles of federalism, secularism, democracy and fundamental rights are upheld.
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