Page 1 :
42nd Amendment Act, RESEARCH SHEET BY AHONA, , 42ND AMENDMENT ACT , 1976 IS ONE OF THE MOST IMPORTANT AND, CONTROVERSIAL AMENDMENTS TO THE INDIAN CONSTITUTION ENACTED, DURING EMERGENCY (1975-1977) BY INDIAN NATIONAL CONGRESS HEADED, BY FORMER PM INDIRA GANDHI., , Passed on -, , 2nd Nov 1976, , Also known as -, , Mini Constitution / Constitution act, , Initiated by -, , Indira Gandhi, , Territorial extent -, , India

Page 2 :
NOW LET US HAVE A LOOK AT THE AMENDMENTS THAT WERE MADE –, CHANGES IN PROVISIONS, , DETAILS, , PREAMBLE, , Added the terms socialist , secular, and integrity to the preamble., , 7th SCHEDULE, , Transferred 5 subjects from state, list to concurrent list –, , Resume:, , (1) Education, (2) Forest, (3) Weights and measures, (4) Protection of wildlife, (5) Administration of justice, Article 51 A, , PARLIAMENT, , 2, , 10 Fundamental duties were, added for citizens ( recommended, by swaran singh committee that, was constituted by govt. in 1976, (1) Made president bound to, the advice of the cabinet., (2) Allowed centre to deploy, forces in state to deal with, conflicting situations of law, and order (Article 257 A), (3) Gave discretionary powers, to the speaker of lok sabha, and the prime minister., (Article 329 A).

Page 3 :
(4) Directive principles were, given precedence over, fundamental rights., JUDICIAL POWERS, , Curtailed the powers of supreme, court and high court., , DIRECTIVE PRINCIPLES OF STATE POLICY 3 NEW DPSPs were added(1) To secure oppurtunities for, healthy development of, children ( Article 39 ), (2) To promote equal justice, and free legal aid to the, poor (Article 39A), (3) Steps should be taken to, secure participation of, workers in management of, industries. ( Article 43 A), (4) To protect and improve the, environment and safeguard, forest / wildlife. (Article, 48 A), , WHY WAS THIS ACT CONTROVERSIAL ???, There are numerous reasons why this act was unacceptable, to the citizens of India., , 3

Page 4 :
Resume:, , (1) This act was passed during an emergency when all the, opposition party leaders were in jail., (2) The basic doctrine of the constitution was, restructured destroying the democratic spirit., (3) The horizontal separation of powers were not, followed and powers of judiciary were reduced., (4) Put DPSP over fundamental rights., (5) Unlimited powers in the hands of prime minister., , How was this solved ?, - The 44rth, amendment, In the year of 1978 , Morarji Desai (Janata dal) was, elected as the prime minister of india and it was the, first time when a non-congress party had won the, elections. He had promised to reverse back some of, the changes made by the 42nd amendment and he did, so., , 4

Page 5 :
• 44th amendment nullified the unlimited powers of, amending the constitution., • Removed right to property from fundamental, rights to legal rights., • Article 226 was amended to restore high courts,, their power to issue writs., • Restored the democratic ideals and gave back the, supreme court and high courts their own, jurisdiction., • It modified constitutional emergency provision to, prevent further misuse of it in future., • However one common thing in both amendments, were that they made ministerial advice binding on, the president., , THIS IS HOW SOME OF THE MAJOR AMENDMENTS, WERE REVERSED BACK AND THE DEMOCRATIC SPIRIT, OF OUR NATION WAS RESTORED., , 5

Page 6 :
6, Resume: