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Changes in Constitutional (Forty-Second) Amendment Act

Posted in: Constitutional Law
Sun, Jul 21, 19, 10:02, 5 Years ago
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ABout changes in Changes in Constitutional (Forty-Second) Amendment Act

 

In Preamble

Two changes were made in the Preamble. Firstly, the Characterisation of India as Sovereign democratic republic has been changed to Sovereign socialist, secular democratic republic and Secondly, the words “unity of nation were changed to unity and integrity of the nation.[1]
 

Parliament and State Legislature

The Number of seats for SC and ST tribes in Lok Sabha was also frozen. A person holding an office of profit is disqualified from the membership of Parliament or a State Legislature and the court’s power to declare what was an office of profit was ceased.
 

Judiciary

Earlier to 42nd Amendment, Indian Judiciary was unified, but the amendment restricted the power of High Court to only adjudicate upon the validity of State legislation and Supreme court on Central legislation.
 

Emergency Provisions

Article 352 was amended to authorize the President to declare Emergency not only throughout the country and but also in any part. For this, some necessary changes were made in Article 353, Article 358, and Article 359.

Fundamental Rights and Directive Principles

Through the change in Article 31-C, an attempt was made to give primacy to DPSP over Fundamental rights. Though no change was made directly in the articles related to fundamental rights.

The amendment added few more Directive Principles, viz Article 39-A, Article 43-A, Article 48-A. Article 39 (f) was also redrafted.

Article 31C was amended and provided that no law giving effect to Directive Principles will be held void for being inconsistent with any of the rights conferred by Article 14, article 19, or article 31.

It was one of the most controversial provisions of the amendment – Prioritizing state policy director principles in comparison to fundamental rights

End-Notes [1]Gyan Pakash Kesharwani, 42nd Constitution; Was it India’s or Indira’s Constitution, CCRD [21 July 2019] https://ccrd.vidhiaagaz.com/42nd-amendment-of-indian-constitution/

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