Can you analyze the implications of a specific constitutional amendment, such as the 42nd Amendment, on the balance of power between the central and state governments?
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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.
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