Question
Download Solution PDFIn which year, the 42nd Amendment took place?
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is 1976.
Key Points
- The 42nd Amendment to the Indian Constitution was enacted in 1976 during the period of Emergency.
- It is often referred to as the "Mini-Constitution" due to the extensive and sweeping changes it introduced.
- The amendment was passed under the leadership of Prime Minister Indira Gandhi.
- It added three new words—Socialist, Secular, and Integrity—to the Preamble of the Constitution.
- The amendment significantly curtailed the powers of the judiciary and strengthened the authority of the central government.
Additional Information
- Emergency Period (1975-1977):
- The 42nd Amendment was introduced during the Emergency imposed by Prime Minister Indira Gandhi from 1975 to 1977.
- The Emergency allowed the government to bypass constitutional norms, giving rise to this controversial amendment.
- Key Provisions of the 42nd Amendment:
- It transferred subjects like education, forests, weights and measures, and protection of wild animals and birds from the State List to the Concurrent List.
- It made the Directive Principles of State Policy more prominent by stating that they would have precedence over Fundamental Rights.
- Judicial Impact:
- The amendment restricted the power of the judiciary to review constitutional amendments, notably under Article 368.
- It introduced Article 31C, providing protection to laws implementing the Directive Principles from being challenged on the grounds of violation of Fundamental Rights.
- 44th Amendment (1978):
- The 44th Amendment, enacted in 1978, reversed many provisions of the 42nd Amendment.
- It restored the balance of power between the judiciary and the legislature.
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