Examine the Seventh Schedule’s inclusion as well as the clauses dividing the Union’s and the state’s legislative, executive, and financial authorities. In what ways has the federal framework changed in real life?
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 debRead more
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.
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The Seventh Schedule of the Indian Constitution is a crucial part of the federal structure, which divides the legislative powers between the Union and the States. The schedule is divided into three lists, which allocate powers between the Centre and the States. The evolution of this federal structurRead more
The Seventh Schedule of the Indian Constitution is a crucial part of the federal structure, which divides the legislative powers between the Union and the States. The schedule is divided into three lists, which allocate powers between the Centre and the States. The evolution of this federal structure has been significant, and this essay will assess the inclusion of the Seventh Schedule and the provisions for the division of legislative, executive, and financial powers.
Inclusion of the Seventh Schedule: The Seventh Schedule was incorporated into the Constitution to ensure a clear division of powers between the Union and the States. The schedule consists of three lists:
Provisions for Division of Powers: The Seventh Schedule provides a framework for dividing powers between the Union and State Governments. The Constitution ensures that:
Evolution of Federal Structure in Practice: Over time, the federal structure in India has undergone significant changes:
- Amendments: The Constitution has been amended several times to modify the division of powers between the Union and State Governments. For example, the 42nd Amendment Act (1976) introduced new provisions for centralization of power.
- Emergence of New Subjects: New subjects have been added to the schedules over time, such as environmental protection, disaster management, and cybercrime.
- Centralization of Power: In recent years, there has been a trend towards centralization of power at the Centre. This has led to concerns about erosion of state autonomy and excessive dependence on Central funding.
- Inter-Governmental Relations: The evolution of federal structure has also led to changes in inter-governmental relations. The Centre-State relations have become more complex, with increased cooperation and coordination between governments.
- Judicial Intervention: The judiciary has played a significant role in interpreting the Constitution and ensuring that the federal structure is maintained. Judgments such as S.R. Bommai v. Union of India (1994) have emphasized the importance of maintaining state autonomy.
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