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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".
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 ...
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 ...
Preamble, [51] with the words "socialist", "secular" and 'integrity' added in 1976 by the 42nd amendment [52] [53] Part I [54] – The Union and its Territory – Articles 1 to 4; Part II – Citizenship – Articles 5 to 11; Part III – Fundamental Rights – Articles 12 to 35; Part IV – Directive Principles of State Policy – Articles 36 ...
The second way to propose an amendment is by two-thirds “…of the several States,” which “…call a Convention for proposing Amendments….” The first process is by far the more popular.
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 Fundamental Rights of individuals articulated in Part III. Section 55 prevented any constitutional amendment from being "called in question in any Court ...
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 ...