Que. Describe the various changes made in the Constitution by the 42nd and 44th Constitutional Amendment Acts. 250w
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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.
See lessThe 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.