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- Forty-second_Amendment_of_the_Constitution_of_India abstract "The Forty-second Amendment of the Constitution of India, officially known as The Constitution (Forty-second Amendment) Act, 1976, was enacted during the Emergency (1975-1977) by the Congress government headed by Indira Gandhi. Most provisions of the amendment came into effect on 3 January 1977, others were enforced from 1 February and Section 27 came into force on 1 April 1977. The 42nd Amendment is regarded as the most controversial constitutional amendment in Indian history. It attempted to reduce the power of the Supreme Court and High Courts to pronounce upon the constitutional validity of laws. It laid down the Fundamental Duties of Indian citizens to the nation. This amendment brought about the most widespread changes to the Constitution in its history, and is sometimes called a "mini-Constitution" or the "Constitution of Indira".Almost all parts of the Constitution, including the Preamble and amending clause, were changed by the 42nd Amendment, and some new articles and sections were inserted. Seven of the thirteen consequential provisions were designed to weaken judicial review, and the amendment's fifty-nine clauses stripped the Supreme Court of many of its powers and moved the political system toward parliamentary sovereignty. It curtailed democratic rights in the country, and gave Gandhi the constitutional authority to do almost anything she wanted, by providing sweeping powers to the Prime Minister's Office, virtually exempting it from any kind of scrutiny. The amendment gave Parliament unrestrained power to amend any parts of the Constitution, disallowing judicial review of those changes. It also deprived citizens of direct access to the Supreme Court; gave Directive Principles of State Policy precedence over Fundamental Rights, and made any law passed in pursuance of a Directive Principle immune from scrutiny by the Supreme Court; and transferred more power from the state governments to the central government, eroding India's federal structure. The 42nd Amendment also amended the Preamble and changed the characterization of India from "sovereign democratic republic" to a "sovereign, socialist secular democratic republic", and also changed the words "unity of the nation" to "unity and integrity of the nation".The Emergency era had been widely unpopular, and the 42nd Amendment was the most controversial issue. The amendment drew nationwide criticism, and the clampdown on civil liberties and widespread abuse of human rights by police angered the public. The Janata Party which had promised to "restore the Constitution to the condition it was in before the Emergency", won the 1977 general elections. The Janata government then brought about the 43rd and 44th Amendments in 1977 and 1978 respectively, to restore the pre-1976 position to some extent, and undo the more draconian parts of the 42nd Amendment. However, the Janata Party was not able to fully achieve its objectives. In order to pass the 44th Amendment in the Rajya Sabha by the requisite two-thirds majority, it needed the support of the Congress party, which had by then split into two again, with one group supporting Gandhi and others opposed to her. Congress members from both factions, supported many of the changes the Janata government wanted to bring, but they also refused some.On 31 July 1980, in its judgement on Minerva Mills v. Union of India, the Supreme Court declared two provisions of the 42nd Amendment which prevent any constitutional amendment from being "called in question in any Court on any ground", and accord precedence to the Directive Principles of State Policy over the Fundamental Rights of individuals respectively, as unconstitutional.".
- Forty-second_Amendment_of_the_Constitution_of_India wikiPageExternalLink amend42.htm.
- Forty-second_Amendment_of_the_Constitution_of_India wikiPageExternalLink amend42.htm.
- Forty-second_Amendment_of_the_Constitution_of_India wikiPageID "8949493".
- Forty-second_Amendment_of_the_Constitution_of_India wikiPageRevisionID "601784246".
- Forty-second_Amendment_of_the_Constitution_of_India bill "Constitution Bill, 1976".
- Forty-second_Amendment_of_the_Constitution_of_India bill "The Constitution Bill, 1976".
- Forty-second_Amendment_of_the_Constitution_of_India billDate "1976-09-01".
- Forty-second_Amendment_of_the_Constitution_of_India billDate "1976-11-04".
- Forty-second_Amendment_of_the_Constitution_of_India citation "42".
- Forty-second_Amendment_of_the_Constitution_of_India dateAssented "1976-12-18".
- Forty-second_Amendment_of_the_Constitution_of_India dateCommenced "1977-01-03".
- Forty-second_Amendment_of_the_Constitution_of_India datePassed "1976-11-02".
- Forty-second_Amendment_of_the_Constitution_of_India datePassed "1976-11-11".
- Forty-second_Amendment_of_the_Constitution_of_India enactedBy Lok_Sabha.
- Forty-second_Amendment_of_the_Constitution_of_India enactedBy Rajya_Sabha.
- Forty-second_Amendment_of_the_Constitution_of_India hasPhotoCollection Forty-second_Amendment_of_the_Constitution_of_India.
- Forty-second_Amendment_of_the_Constitution_of_India imagesize "150".
- Forty-second_Amendment_of_the_Constitution_of_India introducedBy "H.R. Gokhale".
- Forty-second_Amendment_of_the_Constitution_of_India legislature Parliament_of_India.
- Forty-second_Amendment_of_the_Constitution_of_India longTitle "An Act further to amend the Constitution of India.".
- Forty-second_Amendment_of_the_Constitution_of_India repeals "43".
- Forty-second_Amendment_of_the_Constitution_of_India shortTitle "The Constitution Act, 1976".
- Forty-second_Amendment_of_the_Constitution_of_India status "amended".
- Forty-second_Amendment_of_the_Constitution_of_India summary "Provides for curtailment of fundamental rights, imposes fundamental duties and changes to the basic structure of the constitution by making India a "Socialist Secular" Republic".
- Forty-second_Amendment_of_the_Constitution_of_India territorialExtent India.
- Forty-second_Amendment_of_the_Constitution_of_India subject Category:1976_in_India.
- Forty-second_Amendment_of_the_Constitution_of_India subject Category:1976_in_law.
- Forty-second_Amendment_of_the_Constitution_of_India subject Category:Amendments_of_the_Constitution_of_India.
- Forty-second_Amendment_of_the_Constitution_of_India subject Category:Indira_Gandhi_administration.
- Forty-second_Amendment_of_the_Constitution_of_India subject Category:Secularism_in_India.
- Forty-second_Amendment_of_the_Constitution_of_India subject Category:The_Emergency_(India).
- Forty-second_Amendment_of_the_Constitution_of_India type Abstraction100002137.
- Forty-second_Amendment_of_the_Constitution_of_India type Act100030358.
- Forty-second_Amendment_of_the_Constitution_of_India type Action100037396.
- Forty-second_Amendment_of_the_Constitution_of_India type Amendment101250101.
- Forty-second_Amendment_of_the_Constitution_of_India type AmendmentsOfTheConstitutionOfIndia.
- Forty-second_Amendment_of_the_Constitution_of_India type Change100191142.
- Forty-second_Amendment_of_the_Constitution_of_India type ChangeOfState100199130.
- Forty-second_Amendment_of_the_Constitution_of_India type Correction100258854.
- Forty-second_Amendment_of_the_Constitution_of_India type Event100029378.
- Forty-second_Amendment_of_the_Constitution_of_India type Improvement100248977.
- Forty-second_Amendment_of_the_Constitution_of_India type PsychologicalFeature100023100.
- Forty-second_Amendment_of_the_Constitution_of_India type YagoPermanentlyLocatedEntity.
- Forty-second_Amendment_of_the_Constitution_of_India comment "The Forty-second Amendment of the Constitution of India, officially known as The Constitution (Forty-second Amendment) Act, 1976, was enacted during the Emergency (1975-1977) by the Congress government headed by Indira Gandhi. Most provisions of the amendment came into effect on 3 January 1977, others were enforced from 1 February and Section 27 came into force on 1 April 1977. The 42nd Amendment is regarded as the most controversial constitutional amendment in Indian history.".
- Forty-second_Amendment_of_the_Constitution_of_India label "Forty-second Amendment of the Constitution of India".
- Forty-second_Amendment_of_the_Constitution_of_India sameAs m.027qw2c.
- Forty-second_Amendment_of_the_Constitution_of_India sameAs Q5472937.
- Forty-second_Amendment_of_the_Constitution_of_India sameAs Q5472937.
- Forty-second_Amendment_of_the_Constitution_of_India sameAs Forty-second_Amendment_of_the_Constitution_of_India.
- Forty-second_Amendment_of_the_Constitution_of_India wasDerivedFrom Forty-second_Amendment_of_the_Constitution_of_India?oldid=601784246.
- Forty-second_Amendment_of_the_Constitution_of_India isPrimaryTopicOf Forty-second_Amendment_of_the_Constitution_of_India.