What makes the 42nd Amendment of the Indian Constitution a revision? (125 Words) [UPPSC 2023]
The Panchayati Raj System in India has faced several challenges that hinder its success. *Key Issues* include: *Disempowerment of State Election Commissions (SECs)*: State governments often undermine the authority of SECs, leading to delayed elections and erosion of public trust . *Inadequate ResourRead more
The Panchayati Raj System in India has faced several challenges that hinder its success.
*Key Issues* include:
*Disempowerment of State Election Commissions (SECs)*: State governments often undermine the authority of SECs, leading to delayed elections and erosion of public trust .
*Inadequate Resources*: SECs lack sufficient funds and assistance from state governments, impacting their ability to conduct elections effectively .
*Limited Representation*: Many SECs are not empowered to conduct delimitation of wards or manage electoral rolls independently, relying on the Election Commission of India and state governments .
-*Lack of Transparency and Accountability*: Insufficient auditing practices and inadequate training for auditors and local government officials hinder effective governance .
The 73rd Constitutional Amendment Act aimed to address these issues by:
*Empowering SECs*: Vesting SECs with the responsibility of conducting elections to panchayats and urban local governments .
*Devolution of Powers*: Transferring powers to local governments, enabling them to take decisions and act independently .
*Ensuring Representation*: Mandating representation for marginalized communities, such as Scheduled Tribes, in decision-making bodies .
While the amendment has made progress, its success is limited. *Challenges Persist*, including inadequate implementation, lack of resources, and resistance from state governments. Strengthening SECs, promoting transparency and accountability, and ensuring greater devolution of powers to lower tiers of panchayats are essential for the Panchayati Raj System’s effectiveness .
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The 42nd Amendment: A Revision of the Indian Constitution Extensive Changes: The 42nd Amendment of 1976, often called the "Constitution (Forty-Second Amendment) Act," is considered a major revision of the Indian Constitution due to its extensive modifications. It introduced significant changes to thRead more
The 42nd Amendment: A Revision of the Indian Constitution
Extensive Changes: The 42nd Amendment of 1976, often called the “Constitution (Forty-Second Amendment) Act,” is considered a major revision of the Indian Constitution due to its extensive modifications. It introduced significant changes to the Preamble, including the words “Socialist,” “Secular,” and “Integrity,” reflecting a shift in constitutional objectives.
Centralization of Power: The amendment enhanced the powers of the Central Government at the expense of the states, making it a revision in terms of federal balance. It amended the distribution of powers between the Union and State legislatures, reinforcing central authority.
Judicial Review and Fundamental Rights: It also altered the scope of judicial review and the protection of Fundamental Rights, impacting the balance of power among the different branches of government. For instance, it introduced provisions that aimed to limit the scope of judicial review over constitutional amendments.
Recent Examples: While some provisions were later modified by subsequent amendments (such as the 44th Amendment in 1978), the 42nd Amendment remains a significant marker of constitutional revision in terms of its scope and impact.
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