Political Science, asked by linux3914, 1 year ago

Excluding the court from election disputes was brought from this constitutional amendment in india

Answers

Answered by luk3004
1

We know that the 42nd amendment was enacted during the internal emergency. And Indira Gandhi wants her supremacy over judiciary and everything else. So for that 42nd amendment was made. If we look out what is in that law or what she want to make it, we would be clear about her motive. Lets look what is in that law and what she want to make. She want,

To establish supremacy of the parliament beyond other wings of government.

To give DPSP precedence over the Fundamental Rights.

Imposed limits on the power and jurisdiction of the judiciary.

Raised the term of LS and Vidhansabha to 6 years from 5 years.

To transfer more power from State Government to Central Government.

To authorise use of central armed forces in any state to deal with law and order problems.

To make President bound by advice of the Council of Ministers.

It also said that no constitutional amendment can be called in court of law.

Removed election disputes from the purview of courts.

So as of now, we know that what was the main objective or purpose of the 42nd amendment. Even though the Janata Party promised to restore the Constitution to the condition it was in before the Emergency, it can only able to restore the constitution to some extent. The Janata Party was not able to fully achieve its objectives due to the "vetoing" by RS which had congress as its majority.

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