Which amendment has been the most controversial till date?
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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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.
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