42nd and 44th Amendment Act of the Constitution of India

42ND AMENDMENT ACT

Governmental activities, judicial decisions, and legislative legislation all influence a country’s

growth and destiny. All nations are governed by their own constitutions. The Constitution is a

supporting framework because of its values. Deficiencies in this area might easily cause a

nation’s categorization and hierarchy to crumble. Its presence and extent are limited in a nation

with executive supremacy. A constitutional supremacy strategy is adopted by most democratic

nations, including India.

In order for any government to function, it must adhere to the Constitution. Second, it distributes

power across the state’s many agencies, resulting in a more level playing field. As a third

purpose, it lays forth national goals like as democratisation, unification, and scholasticism. Basic

human rights are also protected, which are essential to a person’s existence. As a result, in the

event of a crisis or emergency, there is no room for interpretation in the Constitution.

The 42nd Constitutional Amendment Act is noted for its inconsistent revisions and additions

(1976). The Indira Gandhi-appointed Swaran Singh Committee provided recommendations. This

amendment added 40 new clauses and 14 new Articles to the Constitution. To keep our

discussion concise and clear, we’ll focus on the most important changes in public understanding

of the Constitution that happened during the state of emergency. This change resulted in the

following changes.

Since the US Constitution was created, people’s fundamental rights have been protected. The

42nd Amendment does provide a provision to temporarily suspend basic rights. In an external

emergency, Article 358 suspends constitutionally given rights. “Emergency legislation” is

exempt from Article 19.

When the Indian Constitution’s ’emergency legislation’ violates any fundamental right save

Articles 20 and 21, the President has the power to suspend the right to remedy for anybody
harmed. According to this article, the President may issue presidential orders for a certain

amount of time or for as long as the emergency lasts. Article 359 of the Constitution suspends

enforcement, however this does not happen automatically.

Despite the fact that this amendment is often regarded as the most contentious in Indian

constitutional history, several parts have remained in force for many years and are still deemed

useful. For example, free legal assistance, child and environmental protection, basic rights, and

other policies are seen to be beneficial to individuals and communities alike. However, this

amendment has a terrible reputation as a result of its impact and a variety of other factors.

44th AMENDMENT ACT

When the 45th Amendment Act was signed into law in 1978, it added Amendment 44 to the

Indian constitution. The 42nd Amendment Act, passed in 1976, overrode the will of the Indian

people by amending the constitution. Article 352 was used by Indira Gandhi’s Indian National

Congress to declare the Emergency. Fortunately, the 1978 Constitution Act set out to correct

these flaws and reestablish harmony between government and people. This article goes into great

detail on India’s 44th Constitutional Amendment.

In both cases, the government proclaims a state of emergency, and the two occurrences are

almost similar. A two-thirds majority is needed to pass the 44th Amendment of 1978. To make a

proclamation lawfully, two-thirds of the House and Senate must support it. It would have expired

after two months had no action been taken if neither chamber had approved. Before the 44th

Amendment was signed into law, it was little over a month.

After the emergency declaration was accepted by both houses of parliament in 1975, no further

review of it was necessary. The 44th Amendment Act of 1978 required a six-month review of the

emergency declaration and, without new parliamentary assent, its termination after that period.

One hundred percent of Lok Sabha members might summon a conference to debate repealing the

proclamation. It must be made within 14 days. An easy majority vote at the special meeting will
put an end to the crisis. In most cases, a state of emergency lasts a year. The 44th Amendment to

the U.S. Constitution, passed in 1978, safeguards this freedom. After the 44th Amendment Act

was signed into law in 1978, writs of habeas corpus may be filed with the Supreme Court and the

High Courts. Constitutional Amendment 352 (38th Amendment) rendered this unjusticiable. As

of today, anybody may challenge any declaration of emergency in court based on the

government’s bad intentions, thanks to the removal of Clause 5. The National Emergency does

not stop the enforcement of Articles 20 and 21 rights.

The 42nd Amendment’s distortions were partly corrected by the 44th Amendment. In order to

avoid future abuses of the Constitution’s emergency clauses, With the 42nd Amendment

repealed, the Supreme Court and High Courts regained its pre-42nd Amendment jurisdiction It

restored secularism and democracy to the Constitution.