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Constitutional Amendments
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Controversial nature of the 42nd Constitution Amendment Act
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Question 1
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Which of the following best explains the controversial nature of the 42nd Constitution Amendment Act ?
(a) It was passed during the national emergency.
(b) It attempted to subvert the constitution
(c) It was passed without the support of a special majority.
(d) It was made without ratification by State legislatures.
Explanation
The 42nd amendment was particularly seen as a wide ranging amendment affecting large parts of the Constitution. It was also an attempt to override the ruling of the Supreme Court given in the Kesavananda case. Even the duration of the Lok Sabha was extended from five to six years.
Fundamental duties were included in the Constitution by this amendment act. The 42nd amendment also put restrictions on the review powers of the Judiciary.
It was said at that time that this amendment was practically a rewriting of many parts of the original Constitution. The amendment made changes to the Preamble, seventh schedule of the Constitution and to 53 articles of the Constitution.
Many MPs belonging to the opposition parties were in jail when this amendment was passed in Parliament. Elections were held in 1977 and the ruling party (Congress) was defeated. The new government thought it necessary to reconsider these controversial amendments and through the 43rd and 44th amendments, cancelled most of the changes that were affected by the 38th, 39th and the 42nd amendments. The constitutional balance was restored by these amendments.
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