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A research paper submitted to Maharashtra National Law University

Mumbai In fulfillment of the requirement of Internal Evaluation for

Constitutional law II

Name – Yash Sunil Meshram

Roll Number – 2020-062

Section – B

Subject – Constitutional Law – II

Topic Name – A Comparative Study of Positive and Negative Impacts of

the 42nd and 44thConstitutional Amendments Act

Submitted On – 20/05/2020

Submitted To – Asst. Prof. Milind Gawai

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Contents
INTRODUCTION............................................................................................... 3

RESEARCH METHODOLGY ......................................................................... 4

LITERATURE REVIEW .................................................................................. 5

CHAPTERIZATION .......................................................................................... 7

Background.......................................................................................................... 7

The 42nd Amendment .......................................................................................... 8

Amendments in Preamble ............................................................................... 8

Judical Powers.................................................................................................. 9

Suspension of Fundamental Rights ................................................................ 9

DPSP................................................................................................................ 10

Legislative and Judicial Responses .............................................................. 11

44th Amendment Act ......................................................................................... 13

Conclusion.......................................................................................................... 16

Bibliography ...................................................................................................... 16
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INTRODUCTION

The Constitution of the country is a powerful way of governing the country. The Constitution
is a supporting framework because of its importance. The development and destiny of a
country depend mainly on administrative action, judicial decisions, and legislation enacted by
the legislature. All of this is governed by the Constitution of any country. The Constitution
plays the role of a supportive system by setting out the principles on which the country will
work. In its absence, the whole class and class arrangement in the nation works may quickly
disintegrate. If a country is in a state of jurisdiction, the existence of the Constitution is
merely nominal, and its scope is limited.

On the other hand, most democratic countries, including India, adhere to the policy of
supremacy of the Constitution in which the Constitution is given higher status than that of the
State or any other machine. In a democracy like India, whose borders are the Legislature, the
Judiciary, and the Executive, we cannot imagine how difficult the situation could be without
the Constitution. The Constitution plays a vital role in democracy, integration, and education.

Given the significance of the Constitution, the 42nd Amendment Indian Constitution, which
took place in 1976, takes on the necessary significance of Amendment addresses many of the
principles mentioned above. In line with the Amendment of existing provisions, it also adds a
few new offers. Therefore, the 42 amendments are ridiculed as the 'Minor Constitution' or the
'Indira Constitution.'

"The government and the judiciary may come and go but democracy; the basic elements of
the constitution must remain forever."1 - Justice Y.V Chandrachud.

The above statement of the Honorable Judge appears to be a paradox in the Amendment to
India's 42nd Constitution of the mysteries of democracy under the rule of the said leader,
Parliament. It is incumbent on Parliament to make laws requiring any amendment to the

1
Garg, R. D. (1974). PHANTOM OF BASIC STRUCTURE OF THE CONSTITUTION.
Journal of the Indian Law Institute, 16(2), 243–269. http://www.jstor.org/stable/43950358
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Constitution which may violate, limit or limit human rights. The Constitution was amended
to strengthen the seamless web threads but extended almost immediately. The Constitution
(1974 Amendment) of 1976 "responds to the people's wishes and reflects the realities of the
present and the future."2 Democracy was eradicated, perhaps permanently. Above all, the
value of fundamental rights was significantly undermined.

Therefore, every constitutional referendum was required to be amended to reduce the

constitutional element there. The 42nd Constitutional Amendment was struck as a result of
the recommendations of the Swaran Singh Committee. It was appointed "to study the
question of a constitutional amendment in the light of" experience. "

RESEARCH METHODOLGY

For this study, we will rely on secondary sources because no major source was available. The
research I have done is largely based on online sources and data All details are available.
compiled in a way that best reflects my theme .It's all collected and presented in a way that
best suits my theme. We will make a little progress by first understanding what I have. The
article covers, then moves on to its various parts, and finally learns in depth how things
revolve in the same place. There is also a broad conclusion, which helps to better understand
my work and support it. This research will help us to better understand this concept. The
following are some of the research issues I intend to address in the workplace. I have
prepared a set of questions that I will work on to help provide a better one understanding my
topic. These stories are straightforward and will enable us to learn about different patterns in
our research.

SIGNIFICANCE OF STUDY

42 and 44 Amendments signify one of the most prominent dynamics of law of the Indian
Constitution. It reflects how legislation can impact the citizens of country both in positive and
negative ways. This study is important to know constitution is important because it ensures
that those who make decisions on behalf of the public fairly represent public opinion. It also
sets out the ways in which those who exercise power may be held accountable to the people
they serve. And it sets out where government powers end by guaranteeing individuals’

2
UNESCO.ORG (2022), https://unesdoc.unesco.org/ark:/48223/pf0000379707.locale=en (last visited May 22,
2022).
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specific rights and freedoms. These rights help to assure the protection and promotion of
human dignity, equality and liberty. It tells us how that representatives in the legislature
should only pass a law if it is compatible with the constitution. The courts normally have the
role of deciding whether a law conflicts with the constitution. Since constitutional rules have
this higher status there are often tougher requirements for changing them than for ordinary
law. However, it is important that a constitution can be amended so it can undergo
improvement and respond to changing circumstances. Constitutions also usually allow for the
suspension of some or all of its provisions, but only in time of emergency, such as when it is
seriously necessary to safeguard national security or vital public interests.

LITERATURE REVIEW

The Constitution 42nd Amendment Act and the Environment This article is written by C.M
Jarwala, in this author has analyzed the positive of 42nd amendment wherein he discuss about
how 42nd amendment act has given importance to environment and how measures are taken
by government for the benefit of the same.

INDISCRIMINATE TRIBUNALISATION AND THE EXCLUSIVE JUDICIAL

DOMAIN: AN ANALYSIS OF THE 42ND AMENDMENT IN THE LIGHT OF
DECISIONS OF THE SUPREME COURT This article is written by Gautam Swarup in
this article author has deeply criticised government and explained in detail that how
government has tried to curtail the rights of people and reduced the power of supreme court.
Through this essay the author seek to clinically expose the constitutional and doctrinal
infirmities in the Supreme Court's interpretation of the 42"d Amendment. While agreeing
with normative arguments in favour of 'tribunalisation', it argues that the manner and method
in which an exclusive judicial function is transferred to tribunals must be such that 7udicial
independence' is not compromised. On another level, this paper questions the Apex Court's
view that Parliamentary competence to tribunalise is unfettered, implying that any aspect of
judicial functioning can be transferred to these specialised fora.

THE 42ND CONSTITUTIONAL AMENDMENT-AN OVERVIEW. Political Science

Review, 16, 105 this article is written by Sharma G.(1977) This article deals with the 42nd
amendments and how it has changed the political dynamic of country, it talks about the how
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governments has used their absurd power and arrested leader of opposition party and people
protesting against government.

Fundamental Rights and the 42nd Constitutional Amendment. Minerva Associates

(Publications). This article is written by Raman S. 1977 and deals with how fundamental
rights were infringed during 42nd amendment and how life of people was affected as they
were not allowed to move to court for protection of their rights and criticise the government
for the same.

Discretionary Powers of the President and Governors in India in Constitution and

Practice. Indian Journal of Public Administration, 63(3), vii-xviii. This article is written by
Singh, M. P. (2017) It talks about how the power of president and governors have changed
after the amendments A reading of the text of Indian Constitution indicates that it does not
explicitly grant any discretionary powers to the President of India, especially after the 42nd
and 44th Amendments (1976 and 1978). The president is expressly required by Article 74 of
the Constitution to always have a council of ministers to aid and advise and to always act in
accordance with its advice in exercise of one’s functions.

Srivastava, T. (2010). Parliament's Power to Amend Indian Constitution-Doctrine of Basic

Structure. This article tells us how Constitution in a federal country is expected to be rigid
and well defined but the real intention of the makers of the constitution is to make it an
adaptable and dynamic document rather than a rigid framework of governance. This was the
reason a counter weapon in form of power to amend constitution vide Art. 368 was given to
the legislatures by the Indian constitution itself so as to make the constitution adaptable to the
contemporary circumstances. However, this power is not absolute and a counter-check was
imposed on the legislatures by making judiciary the watch-dogs of the amending powers of
the legislature.
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CHAPTERIZATION

Background:

Golaknath v State of Punjab3 is one of the critical cases in Indian legal history. In this case,
several questions arose. However, the most critical issue is the Parliament's Article III of the
Indian Constitution. It was whether he had the power to change the fundamental rights
enshrined in his section. With its decision, in this case, the court developed case law around
what is known as the fundamental structure doctrine. The court 1967 ruled that the
Parliament could not restrict any of the fundamental rights enshrined in the Indian
constitution. There was a war between the old government led by Ms. Indira Gandhi and the
Judiciary mechanism.

However, during the same period, there was much political unrest for various reasons. The
situation destabilized when a conflict broke out in the 1971 elections. In 1971 a general
election was held across India when Ms. Indira Gandhi won a suitably against Mr. Raj Narain
and became Prime Minister. Disturbed by the election result, Mr. Raj knocked on the doors of
the Allahabad High Court. Mr. Raj Narain sued the Prime Minister for election fraud and the
use of State mechanisms while running his election campaign. For the first time in the history
of India, a prime minister had to appear in court.

Since its inception, the case has lasted four years, and Judge Jagmohanlal Sinha has only
adjudicated. In 1975 Allahabad HC found him guilty of abusing the police and government
officials for the party election campaign. After that, his election was declared void, and he
was banned from running for the next six years. Many other charges brought against him
were dropped, and the above relatively frivolous charges were proven in Allahabad HC.4

Later, when this case was brought to the Supreme Court, the political opposition started anti-
government protests. Famous leader Mr. Jaya Prakash Narayan, popularly known as JP, held
a large rally in the capital demanding Ms. Indira Gandhi leave the Prime Minister's office. On

3
1967 AIR 1643
4
.
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25 June 1975, the government declared a national state of emergency, citing 'internal
disturbance.'

During the State of emergency, the government made several Constitutional amendments
classified as the most controversial. These include various changes to existing provisions and
the addition of new provisions. First of all, on July 22, 1975, the 38th Amendment was
passed, expanding the State's power to violate fundamental rights during the State of
emergency and prohibiting judicial review of declarations of emergency. Second, the
legislature assumed the purpose and impact of the 39th Amendment, which was also
disputed. With this Amendment, the authority of the High Courts to investigate the election
of a Prime Minister has been abolished, and the investigation and investigation can only be
carried out by the parliamentary commission formed for this purpose. Similar changes
continued during the State of emergency as prominent opposition leaders were arrested and
absent from parliament.

The 42nd Amendment

The Constitutional Amendment Act of 1976, the 42nd Amendment to the Constitution in
India, is famous for its controversial amendments and inclusions. The changes were made by
the recommendations of the Swaran Singh Committee, formed for the same purpose by Ms.
Indira Gandhi. This Amendment includes amendments to the Preamble, 40 provisions, the
Seventh Rule, and 14 new articles of the Constitution (you can find the list of changes made
to existing provisions and new articles introduced here). Since it is impossible to explain all
the minor changes, let us describe here all the significant changes that changed the public's
perception of the Constitution, at least during the state of emergency. The following are some
of the critical changes made with this change.

Amendments in Preamble
The preamble is considered a reflection of the Constitution. Two additions were made to the
preamble of the Constitution. First, the representation of India as a "Sovereign Democratic
Republic" was replaced by the phrase "Sovereign Socialist Secular Democratic Republic."
Secondly, the expression "unity of the nation" has been replaced by "unity and integrity of the
nation." This amendment faced a massive nationwide backlash in the legal and public sphere
as it was "an altered representation of the Indian Constitution in the international arena."
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One of the arguments presented by dissidents is that the words words' socialist'' and ''secular''
should be included, Dr. B.R. As Ambedkar drafted the Constitution, these words mean
worldwide ''Marxist socialism'' and ''the western concept of secularism''. These expressions
are quite different from the Indian concept of socialism and secularism. Some objected to this
change as it violated the principles and procedure in the Kesavananda Bharati v. Kerala State
case. Ambiguous, and such words are illogically derived.

Judical Powers
Prior to this change, the Supreme Court even had the power to rule on Laws passed by the
Union Legislature. This practice has been very convenient for the general public to challenge
in their State's Supreme Court. However, this amendment limited the authority of the
Supreme Court. Under Articles 226A and Article 228A5, this amendment allowed HCs to
decide only on the validity of State legislation. Similarly, clause 131A was added to authorize
the Supreme Court to examine only the validity of central legislation. In addition to these
amendments, another controversial amendment was made in the field of jurisdiction by
including articles 144A and 228A in the Constitution.

According to these provisions, a seven-judge tribunal was mandated to decide on the

constitutionality of any law introduced at the Union level. Such a law could be considered
unconstitutional only if the decision had a two-thirds majority. The amendment to
amendment to the provisions on jurisdiction was expressly condemned. It was seen as an
infringement on the judiciary's authority by the legislature and perceived as an attack on the
doctrine of separation of powers.

Suspension of Fundamental Rights6

Fundamental rights have been granted to the public without interruption since the
Constitution. However, the 42nd amendment added relevant provisions to the Constitution to
suspend Fundamental Rights in an emergency. Article 358 has resulted in the suspension of
the rights granted under Article 19 of the Constitution without any special announcement
when an external state of emergency is declared. According to this provision, Article 19 is
suspended throughout the country throughout the state of emergency, and immunity is
granted to 'states of emergency' in court.

5
. article 226A, Indiankanoon.org (2019),https://indiankanoon.org/search/?formInput=article%20226A (last
visited May 22, 2022).
6
Constitution of India, Constitutionofindia.net
(2021),https://www.constitutionofindia.net/blogs/desk_brief__the_25th_amendment (last visited May 22,
2022).
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However, Article 359 has been amended so that the President can suspend the right to
compensation for persons injured by 'emergency laws,' which are incompatible with any
fundamental right set out in Articles 20 and 21 of the Constitution of India. According to this
provision, such a Presidential order may be issued during an internal emergency or an
external emergency for a specified period or the entire duration of the emergency. It is
pertinent to observe here that FRs are not automatically suspended, but their 'enforcement' in
court is suspended under Article 359 of the Constitution.

DPSP
Changes made in the Guideline Principles include both positive and negative criticisms,
unlike other changes made in other parts. First, the amendment to Article 31C had become
the most controversial provision regarding the DPSP. Although this article was added with
the 25th Constitutional Amendment of 1971, its scope was expanded with the amendment
made. Previously, this provision created a valid law according to Articles 39(b) and 39(c) of
the Constitution, even if this law violated people's fundamental rights. Although perceived as
unacceptable by the general public, the 42nd amendment was introduced,7 which broadened
the scope of Article 31C to the extent that any law made under any DPSP would be
considered valid even if it violated that law any fundamental right. However, Article 31D was
introduced to legalize the laws regarding Non-Nationalist elements even in violation of
Articles 14 and 19.

Other amendments made in the DPSP that gained the public's appreciation are the
introduction of Article 39-A8 of the Constitution and the amendment to Article 39(f).
According to article 39-A, free legal aid will be provided to the poor and weak sections of the
society only to prevent injustice due to economic or social backwardness. The pre-existing
provision, Article 39(f), has been amended to protect against the exploitation and moral and
material abandonment of children and young people. In addition to these changes, IV of the
Constitution. Some inferences were made in the DPSP, such as Articles 43A and 48F, related
to labor rights and environmental protection, respectively.

Amendment to Article 74

7
Admin, 42nd Amendment of Indian Constitution -https://byjus.com/free-ias-prep/42nd-amendment-act/,
(last visited May 22, 2022).
8
Constitution of
India,https://www.constitutionofindia.net/constitution_of_india/directive_principles_of_state_policy/articles/
Article%2039A Constitutionofindia.net (2017), (last visited May 22, 2022).
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This change did not bring any real change, and it just brought a legal regulation to a practice
followed in the country. When we look at the power hierarchy in the country, the President is
seen as the Constitutional Head of the State, which is perceived as nominal, and the Prime
Minister as the actual head. Before the amendment to Article 74, the President was acting on
the advice of the cabinet. However, this practice was not affected by any provision of the
Constitution or any other law. In such cases, this change was made only to give legal effect to
the practice in question and did not result in any particular changes.

Legislative and Judicial Responses

After the state of emergency, general elections were held throughout the country in 1977, in
which the Janata Party alliances defeated Congress. The government was formed under the
leadership of Mr. Morarji Desai,9 and their primary task was to restore the Constitution as it
was before the state of emergency. However, the new government and legislature did not
intend to undo every Amendment made to the Constitution. Therefore, the 43rd Amendment
Act of 1977 and the 44th Amendment Act of 1978 were introduced to remedy the 42nd
Amendment. Some of the notable changes made with these changes are transferring previous
powers to the Supreme Courts and Supreme Courts, "Armed Rebellion" instead of "Internal
Turmoil,"

On the other hand, the case of Minerva Mills v. Indian Union is the most significant judicial
backlash that overturned some of the unconstitutional amendments to the 42nd Amendment.
Minerva Mills is a textile factory established in Banglore. The congressional government
nationalized these mills even before the change, and the case was filed in the Supreme Court
in 1977 to have this case reversed. Nani Palkhiwala,10 a prominent constitutional law
advocate, represented the owners in court. He objected to the government's action and
contended that sections 4 and 55 of the 1976 Amendment 42 were unconstitutional.

9
. Dhavan, R. (1978). AMENDING THE AMENDMENT: THE CONSTITUTION (FORTY-
FIFTH AMENDMENT) BILL, 1978. Journal of the Indian Law Institute, 20(2), 249–272.
http://www.jstor.org/stable/43950528

10
Nani Palikhivala «The Bar Council of India, Barcouncilofindia.org
(2022),http://www.barcouncilofindia.org/about/legends-of-the-bar/nani-palikhivala/ (last visited May 22,
2022).
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According to Section 4, Article 31C has been amended to ensure the DPSP's dominance over
fundamental rights. Section 55 added two clauses to Article 368 to give unchecked power to
parliament to amend the Constitution, thereby nullifying the Kesavananda Bharati decision.
The other clause excluded judicial review of any laws made during the state of emergency.
For the many reasons outlined in the judgment, the court, accepting Mr. Nani Palkhiwala's
astute arguments, struck down Articles 4 and 55 of the 1976 amendment 42.

Though the amendment was mostly biased in nature it did have some positive amendments
that benefited the country. 42nd amendment act of 1976 transferred five subjects from state
list to concurrent list that are Education, Forest, Weight and Measures, Protection of Wild
animals and birds and administration of justice.

Protection of Environment

The Constitution of India is the first constitution in the world which made provision on
environmental protection. Constitution (Forty Seconds The Amendment Act, 1977, for the
first time, added a particular provision. Respect for the protection of the environment
throughout the country. 42nd Amendment Act In the amendment made in the preface, the
concept of socialism is clearly stated. In the socialist model of society, the state gives more
importance: Social problems and pollution are of them rather than any individual problem.
When the state is allowed to tip the balance in favor of social interests, vested interests cannot
constitute an obstacle in the contract.

The country's march is towards the declared goal of social order. One of the directive
principles added by the 42nd Amendment Act ensures the protection and improvement of the
environment. Article 47 ensures the improvement of public health as one of its primary tasks,
of the state. Article 48A states, "The State shall protect and improve the environment and
protect forests and wildlife."It uses the word "environment" to mean the sum of all these
“external" conditions and influences that affect life and development of human, animal, and
plant organs. There are various external factors affecting the life and development of the
organism, for example, weather climate, culture, light, noise, temperature, soil, water etc. The
state not only adopts the protectionist policy but also improvement of the polluted
environment. In the first case, the state imposes restrictions on the use of factors that
adversely affect the life and development of the human, animal, and plant body; in the second
case, the state can adopt tools to improve the environment. Second, so far, It will be difficult,
if not impossible, for the state to fulfil. This is the necessity in a modern industrialized
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civilization that man has surrendered its natural environment too much to scientific
achievements.

44th Amendment Act

Amendment 44 of the Constitution of India is the law that was entered into the Constitution
by Amendment Act 45 of 1978. With the introduction of the 42nd Amendment Act, 1976,
various provisions of the Indian Constitution were amended and were implemented against
the will of the nation's citizens. The same thing was done by the Indian National Congress led
by Indira Gandhi during the Emergency Situations, promulgated under Article 352. In order
to reverse those changes and establish a treaty between the State and its people, the
Constitution (Forty-Fourth Amendment), 1978 was introduced.

The Statement of Objects and Reasons that was appended to the Constitution (Forty-fifth
Amendment) Bill, 1978, which was enacted as the Constitution (Forty-fourth Amendment)
Act, 1978, provided the following11:

Fundamental rights of the Constitution, including the rights to life and liberty, can be taken
away by a temporary majority, as recent experience has shown. Consequently, appropriate
safeguards must be put in place to prevent such a situation from happening again and ensure
that people have a meaningful say in deciding the type of government they will live under.
One of the main objectives of this bill was to address this issue.In conclusion, it is
recommended to make some amendments that will undermine the secular or democratic
character of the Constitution, shorten or abolish fundamental rights, and prejudice or hinder
free and fair elections based on adult suffrage. Endangering the independence of the judiciary
can only be done if the people approve it of India by a majority of the votes cast in a
referendum attended by at least 51% of the electorate. It was aimed to achieve by amending
Article 368 of the Indian Constitution.

The property right, the subject of many constitutional amendments, would cease to be a
fundamental right and become a legal right due to the high status demanded fundamental
rights. Article 19 shall be amended as necessary, and Article 31 shall be deleted. However,
removing the property from the list of fundamental rights would ensure that the freedom of
minorities to establish and run educational institutions of their choosing is not harmed.

11
legal Service India, Emergence of Article 31 A, B and C and its validity, Legalservicesindia.com
(2012),http://www.legalservicesindia.com/article/1435/Emergence-of-Article-31-A,-B-and-C-and-its-
validity.html (last visited May 22, 2022).
 P a g e | 14

Similarly, those who own land for personal cultivation and within the ceiling limit will not be
harmed by their right to receive market value compensation. Although the property would no
longer be a fundamental right, it would be expressly recognized as a legal right, provided that
no one could be deprived of property unless under the law.

Under Article 352, the declaration of a state of emergency effectively changes the
Constitution by making it a unitary state during the state of emergency and allowing citizens
to petition the courts for the suspension of fundamental rights such as the right to life and
liberty. Consequently, adequate safeguards are necessary to ensure that this power is
exercised correctly and not misused. Consequently, it is advocated that a declaration of
emergency is issued only if any part of the security of India or its territory is endangered by
war, foreign aggression, or armed insurrection. Internal turmoil that did not reach the level of
armed insurrection does not constitute a basis for issuing a statement. It is also recommended
that an emergency be declared only based on a written recommendation from the Council of
Ministers to the President to ensure that a notice is published only after careful study. Since
the declaration of a state of emergency would effectively change the Constitution, it was
stipulated that the declaration must be approved by the two Houses of Parliament, with the
same majority needed to amend the Constitution. This ratification must be received within
one month. Any such declaration shall remain in force for six months and may only be
renewed by resolutions voted by the same majority. If the Lok Sabha passes a resolution
condemning the continuation of the proclamation, the proclamation will likewise come to an
end. 10% or more of Lok Sabha members may be summoned to a special meeting to consider
a motion condemning the proclamation.

The constitutional Amendment comes as a remedial measure to correct what was perceived
as reactionary and wrong in the 44th constitutional Amendment during the state of
emergency,

1. The Council of Ministers became a party to the decision on the declaration of the state of
emergency by amending Article 368. Both assemblies have also facilitated measures to lift
the state of emergency by adding steps such as regular renewal.

2. It was changed from "internal turmoil" to "armed rebellion," and a statement was made
regarding the reason for the declaration of the internal state of emergency (Article 368).
 P a g e | 15

3. The provisions of fundamental rights in Articles 358 and 359 and the suspension and
suspension of their implementation have also been amended. Articles 19 and 2112, namely
liberty and the right to life and personal liberty, have been excluded from the jurisdiction of
the Constitutional Court. Emergency provisions and their automatic suspension.

The 44th Amendment, therefore, took back the spirit of constitutional democracy by
controlling absolutist tendencies in political discourse. It also allowed for the famous checks
and balances within the legislature, executive, and judiciary. It was to protect from any
unpleasant event such as an emergency resulting from the political adventure of an individual
or a group.

Important Lesson Learned after 42nd Amendment

 Democracy can never be taken lightly and must be guaranteed by an inaccessible

legal framework.
 Individual party politics is a threat to democracy.
 Even small loopholes in the constitution can be used in times of political power

Amendment 44 has served two purposes.

Restoration of true constitutional sanctity Lok sabhas time was cut, and the regional assembly
was adjourned for five years; the president and the authorized governor decided to withdraw
the Member of Parliament and the MLA13, SC empowered to decide on presidential and
deputy presidential elections, etc.

Strengthening the principles of democracy

Article 20, 21 authorization, etc. The 44th Amendment is significant because the emergence
of the 1975 emergency will only be a distraction and not a tradition in a country that
demonstrates strong guarantees of democracy.

12
Patil Amruta, Suspension of Fundamental Rights During Emergency – https://prepp.in/news/e-492-
suspension-of-fundamental-rights-during-emergency-indian-polity-notes Indian Polity Notes, Prepp (2022),
(last visited May 22, 2022).
13
Alex Andrews George, Adjournment, Prorogation, and Dissolution: Know the
Differencehttps://www.clearias.com/sessions-parliament-adjournment-prorogation-dissolution/, ClearIAS
(2016), (last visited May 22, 2022).
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Conclusion

The 42nd Amendment is considered the most considerable controversy in the history of the
Indian Constitution, with some provisions still in force over the years to this day because they
are considered beneficial. For example, a policy of free legal aid, child and environmental
protection, essential services, etc., is considered in the individual's best interests or at the
community level. However, because of its effect and various other reasons, this Amendment
has a bad reputation.

The 44th Amendment to the Constitution of India was significant because it partially reversed
the distortions introduced by the 42nd Amendment. Amend the emergency provisions of the
Constitution to prevent future harassment. The Supreme Court and the High Courts were
restored to the powers and powers they had before the 42nd Amendment. It restored the
constitutional and democratic values of the Constitution.

Bibliography
 https://www.legalserviceindia.com/article/l40-42nd-Constitutional-
Amendment.html
 https://en.bharatpedia.org/wiki/Forty-
second_Amendment_of_the_Constitution_of_India
 https://www.insightsonindia.com/2015/06/22/3-critically-discuss-why-the-44th-
amendment-made-to-the-constitution-of-india-is-considered-as-one-of-the-most-
important-amendments/
