Indian Constitution

The 42nd Amendment, enacted in 1976 during the Emergency, is widely regarded as one of the most controversial and far-reaching amendments to the Indian Constitution. It had a significant impact on the balance of power between the judiciary, executive, and legislature, and its effects were widely debated in the years that followed.

Impact on the Balance of Power:
The 42nd Amendment significantly enhanced the powers of the Parliament and the Executive at the expense of the Judiciary. Some of the key changes it introduced include:

1.Curtailing Judicial Review: The amendment explicitly stated that the Constitution’s Fundamental Rights could not be challenged on the grounds of violation of basic structure. This severely limited the Judiciary’s power of judicial review, which had been established as a core feature of the Constitution through the Kesavananda Bharati case.
2. Strengthening Parliamentary Supremacy: The amendment gave Parliament the power to amend any part of the Constitution, including the Fundamental Rights, without any substantive limitations. This effectively undermined the Judiciary’s role as the guardian of the Constitution.
3. Expanding the Directive Principles: The 42nd Amendment added several new Directive Principles, further entrenching the state’s role in the social and economic spheres, and potentially allowing for greater interference in individual rights.
4. Diluting the Federal Structure: The amendment shifted the balance of power towards the Union government, reducing the autonomy of the States and centralizing decision-making authority.

Reshaping the Constitutional Landscape:

The 42nd Amendment was widely criticized for transforming the Indian Constitution from a system of checks and balances to one that favored parliamentary supremacy and executive dominance. It was seen as a blatant attempt to consolidate the ruling party’s power and undermine the independence of the Judiciary.

The amendment’s impact was far-reaching, as it threatened to erode the core principles of India’s constitutional democracy, such as the separation of powers, federalism, and the protection of fundamental rights.

Efforts to Undo the Effects:

In the aftermath of the Emergency, there were concerted efforts to undo the effects of the 42nd Amendment and restore the balance of power between the branches of government.

The 43rd Amendment: Enacted in 1977, this amendment partially reversed the 42nd Amendment, restoring the Judiciary’s power of judicial review and limiting Parliament’s ability to amend the Constitution’s basic structure.
The Minerva Mills Case: In this landmark judgment, the Supreme Court ruled that the 42nd Amendment’s provisions limiting judicial review were unconstitutional, reaffirming the Judiciary’s role as the guardian of the Constitution.
Subsequent Amendments: The 44th, 73rd, and 74th Amendments further decentralized power and strengthened the federal structure, partially undoing the centralizing tendencies of the 42nd Amendment.
Despite these efforts, the legacy of the 42nd Amendment continues to be debated, with ongoing discussions on the appropriate balance of power between the three branches of government and the need to preserve the Constitution’s core principles.

The 42nd Amendment remains a significant chapter in India’s constitutional history, serving as a cautionary tale about the dangers of unchecked legislative power and the importance of maintaining a robust system of checks and balances.