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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".
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 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 ...
This special, entrenched process is triggered when an amendment to the Constitution specifically concerns the States by modifying the legislature or the powers reserved to the states in the Seventh Schedule. When this occurs, an amendment must be ratified by a majority of state legislatures for the amendment to go into effect. [95]
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 ...
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The 42nd Amendment (1976) made it explicit that the President shall, "act in accordance with such advice". The amendment went into effect from 3 January 1977. [2] [1] The 44th Amendment (1978) however added that the President can send the advice back for reconsideration once. But if the Council of Ministers sends the same advice again to the ...
It is imposed for an initial period of six months and can last for a maximum period of three years with repeated parliamentary approval every six months. The 42nd amendment act of 1976 extended the initial time duration of President Rule from 6 months to 1 year. Subsequently, 44th CAA 1978 restored the 1-year period back to 6 months.