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Most controversial amendment
The 42nd Amendment of the Indian Constitution is possibly the most disputed. This is why: Passed during Emergency: Seen as an effort to concentrate power in the ruling party's grasp, it was legislated in 1976 throughout the Emergency period declared by Indira Gandhi. Restricted in legal powers: theRead more
The 42nd Amendment of the Indian Constitution is possibly the most disputed.
This is why:
Passed during Emergency: Seen as an effort to concentrate power in the ruling party’s grasp, it was legislated in 1976 throughout the Emergency period declared by Indira Gandhi.
Restricted in legal powers: the amendment severely limited the powers of the judiciary—particularly those of the Supreme Court—not to review and thus invalidate the laws passed by Parliament.
Having vested power in the center changed the balance of power from that of the states to the center, therefore weakening India’s federal system structure.
The amendment limited the range of the fundamental rights, especially regarding the right to property.
See lessPrimary objective of the First Indian Amendment Act
The primary objective of the First Amendment Act, 1951, in India was to curtail certain fundamental rights guaranteed under the Constitution. It aimed to amend Article 19 to impose restrictions on freedom of speech and expression, freedom to assemble peacefully, and freedom to form associations or uRead more
The primary objective of the First Amendment Act, 1951, in India was to curtail certain fundamental rights guaranteed under the Constitution.
It aimed to amend Article 19 to impose restrictions on freedom of speech and expression, freedom to assemble peacefully, and freedom to form associations or unions.
These amendments were primarily driven by concerns over national security and public order in the aftermath of Partition and the challenges of nation-building.
Key provisions of the First Amendment Act, 1951, included:
1. Imposition of Reasonable Restrictions: It added clauses to Article 19 that allowed the state to impose “reasonable restrictions” on freedom of speech and expression, freedom to assemble peacefully, and freedom to form associations or unions in the interest of sovereignty and integrity of India.
2. Land Reform Laws: The Act inserted Article 31A and Article 31B to validate land reform laws that sought to abolish intermediaries and redistribute land to the tillers.
3. Validation of Certain Acts: It validated certain laws that had been challenged on grounds of infringing fundamental rights, thereby securing legal backing for legislative measures deemed essential for governance and societal stability.
See lessPrimary objective of the First Indian Amendment Act
The primary objective of the First Amendment Act of 1951 was to address the challenges posed by certain Supreme Court judgments that had curtailed the state's power to enact laws for public welfare and order. The government sought to balance the fundamental rights of citizens, particularly freedom oRead more
The primary objective of the First Amendment Act of 1951 was to address the challenges posed by certain Supreme Court judgments that had curtailed the state’s power to enact laws for public welfare and order. The government sought to balance the fundamental rights of citizens, particularly freedom of speech and expression, with the state’s imperative to maintain public order and harmony. To achieve this, the amendment introduced several key provisions. It expanded the grounds for restricting freedom of speech to include public order, friendly relations with foreign states, and incitement to crime. Additionally, it validated land reform laws by adding them to the Ninth Schedule, shielding them from judicial scrutiny. The amendment also empowered the state to make special provisions for socially and economically backward classes, affirming the principle of affirmative action. These changes aimed to strengthen the state’s capacity to govern effectively while upholding the core principles of the Constitution.
See lessMost controversial amendment
One of the most controversial amendments to the Indian Constitution was the 42nd Amendment Act of 1976.The 42nd Amendment Act was contentious for its perceived erosion of democratic principles and fundamental rights, sparking widespread debate and criticism. Subsequent amendments and judicial interpRead more
One of the most controversial amendments to the Indian Constitution was the 42nd Amendment Act of 1976.The 42nd Amendment Act was contentious for its perceived erosion of democratic principles and fundamental rights, sparking widespread debate and criticism. Subsequent amendments and judicial interpretations have sought to restore the original balance of powers and uphold the core values of the Indian Constitution. This amendment was passed during the period of Emergency declared in 1975-1977 and introduced several significant changes:
1. **Fundamental Rights**: It altered the balance between fundamental rights and directive principles, asserting that the directive principles could override fundamental rights, which led to concerns about potential erosion of civil liberties.
2. **Constitutional Amendments**: The amendment restricted the Parliament’s power to amend the Constitution by requiring amendments related to the basic structure of the Constitution to be approved by a two-thirds majority and ratified by half of the state legislatures.
3. **Emergency Provisions**: It extended the duration of the emergency provisions and empowered the government to suspend fundamental rights during emergencies, which raised concerns about authoritarianism and abuse of power.
4. **Judicial Review**: The amendment curtailed the scope of judicial review, limiting the Supreme Court’s ability to review constitutional amendments, which was seen as undermining the independence of the judiciary.
5. **State Governments**: It increased the power of the central government over state governments, leading to fears of centralization and weakening of federalism.
One of the most controversial amendments to the Indian Constitution was the **42nd Amendment Act of 1976**. This amendment was passed during the period of Emergency declared in 1975-1977 and introduced several significant changes:
1. **Fundamental Rights**: It altered the balance between fundamental rights and directive principles, asserting that the directive principles could override fundamental rights, which led to concerns about potential erosion of civil liberties.
2. **Constitutional Amendments**: The amendment restricted the Parliament’s power to amend the Constitution by requiring amendments related to the basic structure of the Constitution to be approved by a two-thirds majority and ratified by half of the state legislatures.
3. **Emergency Provisions**: It extended the duration of the emergency provisions and empowered the government to suspend fundamental rights during emergencies, which raised concerns about authoritarianism and abuse of power.
4. **Judicial Review**: The amendment curtailed the scope of judicial review, limiting the Supreme Court’s ability to review constitutional amendments, which was seen as undermining the independence of the judiciary.
5. **State Governments**: It increased the power of the central government over state governments, leading to fears of centralization and weakening of federalism.
See lessCase Studies
The 42nd Amendment to the Indian Constitution, enacted in 1976, had significant implications on the balance of power between the central and state governments. Often referred to as a "mini-Constitution," it made extensive changes that strengthened the central government at the expense of state autonRead more
The 42nd Amendment to the Indian Constitution, enacted in 1976, had significant implications on the balance of power between the central and state governments. Often referred to as a “mini-Constitution,” it made extensive changes that strengthened the central government at the expense of state autonomy.
One of the major changes was the addition of the words “Socialist” and “Secular” to the Preamble, reinforcing the central government’s ideological direction. The amendment also curtailed the power of the judiciary, making it more difficult to challenge central laws and diminishing the states’ ability to contest central overreach.
Furthermore, the amendment transferred several subjects from the State List to the Concurrent List, allowing the central government greater legislative control over areas traditionally managed by states. This shift in legislative power further centralized authority, reducing the autonomy of state governments.
In essence, the 42nd Amendment significantly tilted the balance of power towards the center, weakening the federal structure of India. It created a more centralized form of governance, which has had lasting effects on the relationship between the central and state governments.
See lessComparative Analysis
The amendment process in the Indian Constitution has some distinct features when compared to other democratic countries like the United States and the United Kingdom: Rigid vs. Flexible Amendments: Indian Constitution: The Indian Constitution has a relatively rigid amendment process, requiring eitheRead more
The amendment process in the Indian Constitution has some distinct features when compared to other democratic countries like the United States and the United Kingdom:
- Rigid vs. Flexible Amendments:
- Indian Constitution: The Indian Constitution has a relatively rigid amendment process, requiring either a special majority in Parliament (two-thirds of members present and voting) or ratification by at least half of the state legislatures, depending on the nature of the amendment.
- US Constitution: The US Constitution is considered one of the most rigid constitutions, requiring a two-thirds majority in both houses of Congress and ratification by three-fourths of the states.
- UK Constitution: The UK does not have a written constitution, and constitutional changes can be made through ordinary legislation or conventions, making the amendment process relatively flexible.
- Judicial Review of Amendments:
- Indian Constitution: The Indian Supreme Court has the power to review constitutional amendments and can strike down amendments that violate the “basic structure” of the Constitution.
- US Constitution: The US Supreme Court can review the constitutionality of amendments, but the scope of this review is more limited compared to the Indian judiciary.
- UK Constitution: The UK Parliament is sovereign, and there is no judicial review of constitutional amendments.
- Scope of Amendments:
- Indian Constitution: The Indian Constitution provides a detailed and comprehensive list of subjects that can be amended, with some exceptions (e.g., the federal structure, secularism, and democracy).
- US Constitution: The US Constitution has a more limited scope of amendment, with specific provisions that can be altered.
- UK Constitution: The UK’s uncodified constitution can be amended through various means, including parliamentary legislation, conventions, and judicial interpretations.
- Ratification by States:
- Indian Constitution: Some amendments in India require ratification by at least half of the state legislatures, reflecting the federal nature of the country.
- US Constitution: Ratification by three-fourths of the states is required for most constitutional amendments in the United States.
- UK Constitution: The UK’s unitary system does not require ratification by subnational units for constitutional changes.
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