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The most debatable and controversial enactment act, the 42nd Amendment Act of India was passed during the emergency declared by the Indira government. Also known as mini-constitution, the 42nd amendment act 1976 challenged the pre-existing principal model of the Constitution, changing the definition of India, which was given in the Amendment of the Indian Constitution.
Description of India changed from a “sovereign democratic republic” to a “sovereign, socialist, secular democratic republic.” The “unity of the nation” was transformed into “unity and integrity of the nation.” The father of the Indian constitution, B.R. Ambedkar, opposed the 42nd amendment act in the constituent assembly.
What is the 42nd amendment act?
When the Amendment of the Indian Constitution happened in 1950, certain powers and laws gave powers to the supreme court and the country’s people. When the 42nd amendment act came into power, it restricted those powers of the supreme court. The high court introduced the fundamental duties of citizens of India and introduced the words socialists, integrity, and secular in the existing description of India.
42nd amendment act,1976, with respect to the preamble, was the most controversial decision of the Indian government at that time of emergency. Due to the level and number of changes it brought to the existing structure of the Indian constitution, an act was named a “mini-constitution.”
The most important topic for the state administration exams and centre administration exams, the 42nd amendment act built the foundation for the aspirants of these
exams to know how the other various amendments act came into Constitution and
who gave and took back the special rights of the supreme court and the high court.
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Changes in pre-existing constitution provisions by the 42nd amendment act
Amendment of Indian Constitution includes a description of India as “sovereign democratic republic,” but the 42nd amendment act,1976 in the preamble changed it to “sovereign, socialist, secular democratic republic.” “Union of the nation” to “union and the nation’s integrity.”
7th schedule part, Transferred state topics, education, forests, weights & measures, protection of wild animals and birds reserve, and administration ofjustice(high court and supreme court power) to the centre and concurrent lists.
Article 51A introduced Ten fundamental duties of citizens were added to the Constitution, which was “by the people to the nation.” Upon the recommendation from the swarm Singh committee, citizens’ fundamental duties came into the Constitution of India:
Abide by the Constitution and respect the national flag & National Anthem. Follow ideals of the freedom struggle, Protect sovereignty & integrity of India, Defend the country and render national services when called upon. Sprit of common brotherhood Preserves composite culture preserve the natural environment Develop a scientific temper Safeguard public property Strive for excellence.
Parliament the act introduced reduced powers of the president by making them bound to the advice of the cabinet. They allowed the centre to deploy forces in the state to deal with conflicting and riot situations against law and order. Special powers were given to the speaker of Lok Sabha and the Prime minister.
42nd amendment act reduced the judiciary review power of high courts. Three new existing lists of directive principles of state policy were added, and only one was amended.
Free legal aid to the poor and equal justice to all
Securing the opportunities for the healthy development of children.
Securing workers’ participation in the management of industries by giving them organisational and union powers.
To preserve and safeguard the forest reserve and environment.
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What was the significant impact of the 42nd amendment act?
These changes had a significant impact on the pre-existing model of the Constitution. At the same time, the Amendment of the Indian Constitution was majorly about democracy and sovereign nation by taking major powers from state courts and organisations to the centre, concurrent parliament members, and the prime minister of the country.
While other Amendment acts set on some particular scale for the Amendment in the Constitution, the 42nd amendment act broke those scales and squeezed the existing.
Constitution. Tenure was increased by one year, and the membership of M.P.s and
MLAs could not be challenged in the court but only by the nation’s president.
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Conclusion
The 42nd amendment act, 1976, in the preamble, was the only benefit that came from the 42nd amendment act. Else, all other amendments were removed or
transformed to a standard form by the successor government, Janta dal, and
prime minister Morarji Desai. While the principal of the Amendment of the Indian Constitution in 1950, the republic of India was more about
giving the right to speedy justice and equality to the supreme court and high Courts 42nd amendment act 1976, in the preamble, was all about giving these powers to the prime minister and the legislative assembly.
