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42nd Amendment of the Indian Constitution (Mini Constitution)

For every law professional, law student and all those persons who are appearing for the government exams, it is necessary to know all amendments happened in the constitution, especially the one which has brought some drastic changes in India and Indian Judicial System

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42nd Amendment of the Indian Constitution (Mini Constitution)

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  1. 42ndAmendmentoftheIndianConstitution(Mini Constitution) For every law professional, law student and all those persons who are appearingforthegovernmentexams,itisnecessarytoknowall amendments happened in the constitution, especially the one which has brought some drastic changes in India and Indian Judicial System. One such amendment is the 42nd amendment of the Indian Constitution, this amendment is also known as the “Mini Constitution”, in this Blog we will find out why and why this amendment holds such importance. But in the historyofConstitutionalamendments,thisoneisthemostdebatableas wellasacontroversialamendment,alsothe Constitution Mr B.R. Ambedkar opposed the fatheroftheIndian amendmentinthe offeringonlinelaw constituent assembly. Any institution whichis certification courses in Indiaon constitutional law teaches their learner aboutthis mini-constitution. HistoryoftheAmendment: The history behind this amendment is quite interesting, as it is related to one of the most tragic times in India and also includes abuse of power and authority. After winning the election in 1971 and becoming prime ministerofIndia, Smt. Indira Gandhi was accused by her opponent Mr Raj Narayan, of election fraud, and using her power to manipulate the voters,byeitherthreatening them or giving them money. For the first time in Indian history a prime minister of India was summoned to the court,andthecasewasfiledinAllahabadHighCourt.TheAllahabad HC, in 1975 delivered the judgement in which Indira Gandhi was found guilty,hergovernmentwasannouncednullandvoid,andshewas bannedfromparticipatingintheelectionsforthenext6years.Afterthe

  2. judgementwaspassed,thecasewasappealedtothesupremecourt, buttheresultwasthesame.Althoughshewaspermittedtobeworking as Prime minister till the next election happens. But this decision caused chaosinthewhole country, also the opposition protested against this and started showing their aggression due to which Indira Gandhi with the permissionof thePresident imposed anemergency in India. During the emergency, many fundamental rights were violated and many amendments were made to the constitution i.e, 38th amendment, 39th amendment,40thamendment,41stamendmentand42ndamendment. In all these amendments, the 42nd Amendments bring changes to most partsoftheconstitutionandithasalsointroduceddutiesinthe constitution for all citizens. Tolearn more about the amendments law learnersopt for onlinelegal certification courses. MiniConstitution: Thereasonbehindcalling this amendment the Mini constitution of India is that, this amendment aims to change the whole basic structure of the Indian constitution. This amendment also tried to overturn the supreme courtdecisiononKesavanandaBharativsStateofKerala.The extensionoftheLoksabhaperiod from 5 to 6 years happened due to thisamendment.Thejudicialreviewpowerwasalsolimitedbythis amendment.Thisamendment affects the article;31, 31C,39, 55,74, 77, 81, 82, 83, 100, 102, 103, and many other articles, also inserted many articlesin the constitutions,and amended theschedule 7. Provisionaddedbythe42ndAmendment: Thereweremanyprovisionswhichwereaddedtotheconstitution throughthisamendmentwhichaffected manyaspectsoftheIndian judiciaryandadministrativesystem,belowarementionedsomeofthem: Preamble: Thisamendmentaffects theintroductorystatementoftheIndian Constitution, Few new words were added to the preamble. This can be dividedintotwo-part.Firstly,therepresentationthatwasoriginallyIndia asa”SovereignDemocraticRepublic”throughthisamendmentbecame

  3. India's”SovereignSocialistSecularDemocraticRepublic”.Then Secondly,“Unityofthenation”wasreplacedby“UnityandIntegrityof theNation”. The changes in the preamble were heavily criticised, The head of the Drafting committee Dr B.R Ambedkar, opposed the addition of the word SecularandSocialistasthesewordsrepresentdifferentmeanings acrossthe world. FundamentalDuties: 42ndamendmentintroducedArticle51AinPartIV(A)oftheIndian Constitution on the recommendation of the Swaran SinghMehta

  4. Committee.Beforetheamendment,the“FundamentalRightsand Directive Principle of State Policy” already existed in the constitution, but the government believed that there should be certain duties imposed on citizens of India. But these duties are not law enforceable. At the time of the amendment there was a total of Ten Fundamental duties introduced, butthroughthe72ndamendmentEleventhFundamentaldutywas introduced, so at present, there is a total of 11 Fundamental duties. The introductionofFundamentaldutiesintheconstitutionwasnotcriticized astheir main objectiveof them is infavour of the publicinterest. • 7thSchedule: • Thisamendmenttransferred 5subjectsfromtheStatelisttothe concurrentlist,thefollowingarethesubjects;Education,Forests, Weights&Measures,ProtectionofWildAnimalsandBirds,and Administrationof Justice. • Parliament: • Through this amendment there were certain changes in the parliament of India,some of them are mentionedbelow. i,e. • Thepresidentwasboundtofollow theadviceofthecabinet. • TheSpeakerofLokSabhaandPrimeministerweregiven discretionarypowers. • AllowedtheCentreto position forces in the state to restore law andorder during any conflicts. • The Directive Principles should outweigh fundamental rights and anylegislationenactedbyParliamenttothiseffect waskept beyondthe court’s judicial review. • JudicialPowerofHighCourt: • Thisamendmentcurtailed the judicial review power of the High Court wascurtailed. • AdditionofArticles: • Article 323 A and 323 B, and Part XIV, i.e, “Tribunals for Administrative Matters”and“Tribunals forOtherMatters”,wereaddedtothe Constitution.

  5. DirectivePrinciplesofStatePolicy: • ThreenewDPSPswereintroducedtotheexistinglistofDPSPsinPart IVand one DPSPwaschanged.They are asfollows; • Article39;Toprovidean opportunityfor Children’s growth. • Article39A;Topromotefairjusticeandtoprovidepoorpeople properfree legal assistance. • Article43A;Takemeasurestoensurethat workersareinvolved in themanagement of industries. • Article48A;Tosafeguardforestsandwildlife,andtoprotectand improvethe environment. • Conclusion: • Lawisanextensivebranchofstudy, Indian Constitution which is the baseoftheLawinIndiaisanimportantdocumentthateverylaw aspirantmustknowcompletely.EveryamendmentintheIndian Constitutionisequallyimportanttolearnandunderstandtheneed behind it and also know the consequences of it. Compared to them, the 42nd Amendment is a little more important due to its interference in most parts of the constitution and its consequences as well as the criticism. Manylegallearninginstitutionsprovidingonlinelawcertification coursesteachthistopicatleastonce, as it has vital importance in IndianConstitutional history.

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