The 42nd amendment to the Indian Constitution was a significant amendment made during the Emergency period in 1976.
Context:
Enacted during the national emergency declared by Prime Minister Indira Gandhi in 1975.
Aimed to strengthen the power of the central government and Prime Minister's office.
Faced criticism for undermining democratic institutions and individual rights.
Key Changes:
Preamble: Inserted the words "socialist" and "secular" to describe India.
Fundamental Rights: Diluted the power of judicial review, making it harder to challenge laws on the grounds of violating fundamental rights
Directive Principles: Given supremacy over fundamental rights, potentially allowing the government to prioritize social goals over individual liberties in certain cases.
Increased powers for the Prime Minister: Expanded the Prime Minister's power to dismiss state governments and dissolve state legislatures.
Electoral changes: Made it harder to challenge the election of the Prime Minister and President.
Aftermath:
The Janata Party, which defeated Indira Gandhi in 1977 elections, revoked most of the controversial changes made by the 42nd amendment.
However, some changes, like adding "socialist" and "secular" to the preamble, remain.
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