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Discuss the significance and impact of the 42nd and 44th Amendments to the Indian Constitution.

Posted by jobseeker kashvi | Approved
Answers (1)

The 42nd and 44th Amendments to the Indian Constitution are highly significant, reflecting two contrasting phases in India’s constitutional history.

The 42nd Amendment Act, 1976, passed during the Emergency, is often called the "Mini-Constitution" because it made sweeping changes that centralized power, curtailed judicial review, and attempted to limit fundamental rights. It inserted the words “Socialist” and “Secular” into the Preamble, made Directive Principles of State Policy superior to Fundamental Rights (Article 39B & 39C), and curtailed the powers of the judiciary, including amending Article 368 to limit judicial scrutiny of constitutional amendments.

In contrast, the 44th Amendment Act, 1978, passed after the Emergency, sought to restore democratic values. It reversed several provisions of the 42nd Amendment, especially by strengthening the protection of Fundamental Rights, restoring judicial powers, and ensuring that Article 352 (emergency provisions) could only be invoked under stricter conditions. Collectively, these amendments highlight the Constitution’s vulnerability to political misuse, but also its resilience and capacity for correction through democratic processes.

Answered by jobseeker Vipra | Approved

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