The 42nd Amendment: A Revision of the Indian Constitution Extensive Changes: The 42nd Amendment of 1976, often called the "Constitution (Forty-Second Amendment) Act," is considered a major revision of the Indian Constitution due to its extensive modifications. It introduced significant changes to thRead more
The 42nd Amendment: A Revision of the Indian Constitution
Extensive Changes: The 42nd Amendment of 1976, often called the “Constitution (Forty-Second Amendment) Act,” is considered a major revision of the Indian Constitution due to its extensive modifications. It introduced significant changes to the Preamble, including the words “Socialist,” “Secular,” and “Integrity,” reflecting a shift in constitutional objectives.
Centralization of Power: The amendment enhanced the powers of the Central Government at the expense of the states, making it a revision in terms of federal balance. It amended the distribution of powers between the Union and State legislatures, reinforcing central authority.
Judicial Review and Fundamental Rights: It also altered the scope of judicial review and the protection of Fundamental Rights, impacting the balance of power among the different branches of government. For instance, it introduced provisions that aimed to limit the scope of judicial review over constitutional amendments.
Recent Examples: While some provisions were later modified by subsequent amendments (such as the 44th Amendment in 1978), the 42nd Amendment remains a significant marker of constitutional revision in terms of its scope and impact.
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The changes which have been introduced in the Indian Constitution in the recent past have shifted the balance of federal landscape and administration further to the Centre. For example, the Centre abrogated Article 370 in August 2019 and bifurcated Jammu and Kashmir into two Union Territories, whichRead more
The changes which have been introduced in the Indian Constitution in the recent past have shifted the balance of federal landscape and administration further to the Centre. For example, the Centre abrogated Article 370 in August 2019 and bifurcated Jammu and Kashmir into two Union Territories, which made most of the state’s autonomy nugatory, reporting directly to New Delhi. This was a particularly clear sign of a more active and dominant policy on the part of the central government in relation to the states, especially in matters of a federal character. For instance, while the 101st amendment in 2017 has integrated GST, it has necessitated the centralisation of tax collections. While this aided in the process of tax simplification it restricted the autonomy of the states on fiscal policy and made them more dependent on central grants. These changes have impacted local governance by reducing the ability and capacity of the state government to tackle issues that are local or peculiar to any region. Battles over centralization of power occurred concerning the loss of control over the economy and the management of specific regions, and the consequences of this for variation and autonomy of states. In this regard the change has generated questions on the efficiency of regional governance structures and capacity of states to address population needs where there is no adequate decentralization.
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