Que. Describe the various changes made in the Constitution by the 42nd and 44th Constitutional Amendment Acts. 250w
Article 368 of the Indian Constitution clearly states the powers of elected parliament to amend the constitution and amendment procedure. ARTICLE 368 (1) Notwithstanding anythinRead more
Article 368 of the Indian Constitution clearly states the powers of elected parliament to amend the constitution and amendment procedure.
ARTICLE 368 (1) Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article.
Since Independence, India has seen major parliamentary changes and constant amendment of the Constitution. Some historic amendments involve the 7th, 25th, the enraging 1975-38th and 39th , and most importantly the mini constitution, i.e the 42nd (whose provisions were mostly repealed by the 44th, brought by 1978 Janata Party) amendments. Let us look at the 73rd and 74th amendments of 1992.
The 73rd and 74th Constitutional Amendments was brought by the Indian National Congress (Prime Minister- P.V. Narasimha Rao).
73rd Amendment- The key changes involved the constitutional guarantee of Panchayati Raj in India. This provision provided rights, powers, status and legitimacy to the village-level self-governance in our country. For the same, schedule XI (11th schedule) and part IX- Articles 243; 243 A to 243 O were added.
74th Amendment- After the guarantee of Panchayati Raj, the 74th Amendment provided status to Municipality in India. This provision gave sanctity to block and city-level governance. It assigned powers and roles, along with limits to municipal governments. For the same, schedule XII (12th schedule) and part IX- A- Articles 243 P to 243 ZG were added.
These changes helped shape the Indian executive in the 21st century decades to follow. Thus, we see the significance of the 73rd and 74th amendments in Indian history.
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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.