Search results
Results From The WOW.Com Content Network
The 42nd Amendment added new Directive Principles, viz. Article 39A, Article 43A and Article 48A. [17] The 42nd Amendment gave primacy to the Directive Principles, by stating that "no law implementing any of the Directive Principles could be declared unconstitutional on the grounds that it violated any of the Fundamental Rights".
Union of India case, Supreme Court ruled that 42nd Amendment Act to the Article 31C is not valid and ultra vires. Articles 38 (2), was added by the Forty-fourth Amendment Act, 1978 of the Constitution; Articles 39A, which directs the state to secure Equal justice and free legal aid, was added by the Forty-second Amendment Act, 1976 of the ...
Article 31C, added by the 25th Amendment in 1971, provided that any law made to give effect to the Directive Principles in Article 39(b)–(c) would not be invalid on the grounds that they derogated from the Fundamental Rights conferred by Articles 14, 19 and 21.
The constitutionality of sections 4 and 55 of the 42nd Amendment were challenged in this case, when Charan Singh was caretaker Prime Minister. Section 4 of the 42nd Amendment, had amended Article 31C of the Constitution to accord precedence to the Directive Principles of State Policy articulated in Part IV of the Constitution over the ...
Amendment passed after revocation of internal emergency in the Country. Article 19(1)(f) right to property was omitted. Provides for human rights safeguards and mechanisms to prevent abuse of executive and legislative authority. Annuls some Amendments enacted in Amendment Bill 42. 45th: Amend article 334. [53] 25 January 1980
By a verdict of 4-1, with Justice P. N. Bhagwati dissenting, the court held section 4 of the 42nd Amendment to be unconstitutional. [3] Chief Justice Chandrachud wrote: Three Articles of our Constitution, and only three, stand between the heaven of freedom into which Tagore wanted his country to awake and the abyss of unrestrained power.
Section 4 of the 42nd Amendment, had changed Article 31C of the Constitution to accord precedence to the Directive Principles (earlier applicable only to clauses b & c of Article 39) over the fundamental rights of individuals. In Minerva Mills v. Union of India case, the Supreme Court ruled that the amendment to Article 31C was not valid and ...
The 42nd Amendment, enacted in 1976, is considered to be the immediate and most direct fall out of the judgment. Apart from it, the judgement cleared the deck for complete legislative authority to amend any part of the Constitution except when the amendments are not in consonance with the basic features of the Constitution.