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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Administrative law and constitutional law are two distinct areas of law that serve different purposes. Administrative law focuses on the rules and regulations that govern the daily work of government agencies and public officials. It ensures that they act fairly, follow procedures, and don't abuse tRead more
Administrative law and constitutional law are two distinct areas of law that serve different purposes.
Administrative law focuses on the rules and regulations that govern the daily work of government agencies and public officials. It ensures that they act fairly, follow procedures, and don’t abuse their power.
Constitutional law, on the other hand, deals with the fundamental rights and freedoms of citizens, as enshrined in the Constitution. It sets limits on government power and protects individual liberties.
Let’s consider a case study:
In the landmark case of “Marbury v. Madison” (1803), the US Supreme Court established the principle of judicial review, which allows courts to strike down government actions that violate the Constitution. This case demonstrated the difference between administrative law and constitutional law. The Court was not reviewing an administrative decision, but rather ensuring that the government’s action aligned with the Constitution.
In simple terms, administrative law is like a “rule book” for government officials, while constitutional law is like a “bill of rights” that protects citizens from government overreach.
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