What makes the 42nd Amendment of the Indian Constitution a revision? (125 Words) [UPPSC 2023]
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The 42nd Amendment, enacted in 1976 during the Emergency period, is often referred to as a revision of the Indian Constitution due to its extensive changes that impacted the constitutional framework. It introduced significant modifications, including the addition of the Fundamental Duties of citizens, thereby enhancing the scope of rights and responsibilities.
Moreover, it altered the preamble, emphasizing the goals of socialism and secularism. The amendment also expanded the powers of the Parliament, allowing it to legislate on matters in the State List under certain conditions, which increased central authority. Additionally, it curtailed judicial review by limiting the scope of courts to challenge constitutional amendments. These sweeping changes collectively transformed the Constitution’s structure, earning the amendment its designation as a revision.
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.
The 42nd Amendment, enacted in 1976, is termed a revision of the Indian Constitution because it introduced sweeping changes that significantly altered the constitutional framework. This amendment added the Fundamental Duties of citizens, thereby enhancing the scope of individual responsibilities alongside rights.
It also modified the Preamble, emphasizing socialism, secularism, and integrity, reflecting the government’s intent during the Emergency period. Furthermore, the amendment expanded the powers of Parliament, allowing it to legislate on state matters under certain circumstances, which strengthened central authority. Additionally, it restricted the power of judicial review, limiting the judiciary’s ability to challenge constitutional amendments. Collectively, these extensive changes transformed the Constitution’s structure and principles, justifying its designation as a revision.