Do you agree that preamble become a source of making Indian society more progressive and the dispute related to India vs Bharat can be ensured with preamble? comment.
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.
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Progress in Indian society benefits from Preamble functions in the Indian Constitution. Any progressive society requires foundational values including justice alongside liberty and equality and fraternity. As a conceptual beacon it guides policy development and legislative action because it states nRead more
Progress in Indian society benefits from Preamble functions in the Indian Constitution. Any progressive society requires foundational values including justice alongside liberty and equality and fraternity. As a conceptual beacon it guides policy development and legislative action because it states national aspirations. The Preamble provides three core elements through its emphasis on social justice and economic fairness and political equality and freedom because they form instructions to combat national inequality and expand inclusivity.
The Preamble tackles this debate directly through its statement “India, that is Bharat, shall be a Union of States.” The official proclamation makes each name equivalent without distinction. The Preamble acts as an introduction to help stop delays that promote seclusion. The names “India” parallel “Bharat” because they both direct toward a unified nation which shares its cultural background and collective destiny. When we direct attention to Preamble values we can merge into shared national purpose instead of contentious name arguments. Through the Preamble’s acknowledgment of fraternity combined with its emphasis on individual dignity controversies stemming from the naming debate can find resolution.
The Preamble maintains a unified discourse which unites all Indians regardless of their chosen designation for the country. The fundamental principles explain the national unity objectives while offering a framework to construct an equitable and just progressive nation.
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