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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".
Amendment designed to negate the judgement of Allahabad HC in State of Uttar Pradesh v. Raj Narain 1975 SCR (3) 333 invalidating PM Indira Gandhi's election to parliament. Amendment placed restrictions on judicial scrutiny of post of Prime Minister. [47]
The bill of the Constitution (Forty-fourth Amendment) Act, 1978 was introduced in the Lok Sabha on 16 December 1977 as the Constitution (Forty-fourth Amendment) Bill, 1977. It was introduced by Shanti Bhushan, Minister of Law, Justice and Company Affairs. The bill sought to amend articles 19, 22, 30, 31A, 31C, 38, 74, 77, 83, 105, 123, 132, 133 ...
The Preamble of the Constitution of India – India declaring itself as a country. The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties are sections of the Constitution of India that prescribe the fundamental obligations of the states to its citizens and the duties and the rights of the citizens to the State. These sections are considered vital elements of the ...
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.
The 42nd Amendment Act of 1976 transferred five subjects to Concurrent List from State List, that is, (a) education, (b) forests, (c) weights and measures, (d) protection of wild animals and birds, and (e) administration of justice; constitution and organisation of all courts except the Supreme Court and the high courts.
An amendment bill must be passed by each house of Parliament by a two-thirds majority of its total membership when at least two-thirds are present and vote. Certain amendments pertaining to the constitution's federal nature must also be ratified by a majority of state legislatures.
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 ...