What was added to the Indian Constitution in early 1977 ? Why is this such an important addition ?
Answers
Answered by
1
42nd amendment was the only amendment that attempted to change the Basic structure of Constitution.
#.
Firstly, it amended the preamble to our constitution by adding words like “Socialist”, “Secular”, etc, which were not needed. Reason is that justice, liberty, equality and fraternity , these were already written down in constitution, which indirectly gave the socialist , secular nature to our constitution. Adding it separately made it appear like we were tending more to socialist block (other block being capitalist block), nd thus changed the nature of preamble which is basically a very concise form of constitution.
#.
It also changed the 7th schedule which gives three lists: Union list, State list and Concurrent list. It transferred five subjects from State list to concurrent list.
#.
It added fundamental duties to our constitution under article 51A. It changed the nature of constitution because if courts read Part 3 (fundamental rights to citizens) in harmony with fundamental duties of citizensand thus narrows down the concept of fundamental rights.
Example can be like if you go to court for violation of any your fundamental right, if court may counter your logic by asking whether you fulfilled your fundamental duty regarding that fundamental right and if you are not acknowledged to this fact, your fundamental right violation might become a secondary case.
#.
It made President bound to the advice of cabinet, and thus curtailed the freedom of president.
#.
It amended Article 368, and what amendment it made was that it made constitutional amendments above judicial review,i.e.,judiciary can't check the constitutional validity of constitutional amendments.
#.
It amended several articles and thus brought several laws above judicial review like Article32C, 32D, etc.
#.
Article 31C was added in constitution. What it added to constitution was that any law that is made to implement any directive principles of state policy will be above judicial review.
This was exactly opposite of what was the basic soul of 1949 constitution.
#.
By adding 257A, it allowed Centre to deploy central forces in State to deal with grave situation of law and order. It hampered the sovereignty of state, especially in today states where the ruling government was of different party than that of centre.
#.
By Article 329A, it gave special discriminatory powers to speaker of Lok Sabha and Prime Minister.
So, Several amendments like 31 - A,B,C,D and 51A increased the burden on fundamental rights.
And thus, it's considered as a Mini review of Constitution or Mini Constitution itself.
hope you will mark my answer as brainlist answer
#.
Firstly, it amended the preamble to our constitution by adding words like “Socialist”, “Secular”, etc, which were not needed. Reason is that justice, liberty, equality and fraternity , these were already written down in constitution, which indirectly gave the socialist , secular nature to our constitution. Adding it separately made it appear like we were tending more to socialist block (other block being capitalist block), nd thus changed the nature of preamble which is basically a very concise form of constitution.
#.
It also changed the 7th schedule which gives three lists: Union list, State list and Concurrent list. It transferred five subjects from State list to concurrent list.
#.
It added fundamental duties to our constitution under article 51A. It changed the nature of constitution because if courts read Part 3 (fundamental rights to citizens) in harmony with fundamental duties of citizensand thus narrows down the concept of fundamental rights.
Example can be like if you go to court for violation of any your fundamental right, if court may counter your logic by asking whether you fulfilled your fundamental duty regarding that fundamental right and if you are not acknowledged to this fact, your fundamental right violation might become a secondary case.
#.
It made President bound to the advice of cabinet, and thus curtailed the freedom of president.
#.
It amended Article 368, and what amendment it made was that it made constitutional amendments above judicial review,i.e.,judiciary can't check the constitutional validity of constitutional amendments.
#.
It amended several articles and thus brought several laws above judicial review like Article32C, 32D, etc.
#.
Article 31C was added in constitution. What it added to constitution was that any law that is made to implement any directive principles of state policy will be above judicial review.
This was exactly opposite of what was the basic soul of 1949 constitution.
#.
By adding 257A, it allowed Centre to deploy central forces in State to deal with grave situation of law and order. It hampered the sovereignty of state, especially in today states where the ruling government was of different party than that of centre.
#.
By Article 329A, it gave special discriminatory powers to speaker of Lok Sabha and Prime Minister.
So, Several amendments like 31 - A,B,C,D and 51A increased the burden on fundamental rights.
And thus, it's considered as a Mini review of Constitution or Mini Constitution itself.
hope you will mark my answer as brainlist answer
Similar questions