9.4.4 - Controversial Amendments
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Introduction to Controversial Amendments
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Today, we'll discuss the controversial amendments to the Indian Constitution made during the 1970s, particularly under the Emergency. What do you think influenced these changes?
I think it was due to the political situation. The government needed more control.
Exactly! The imposition of Emergency in June 1975 allowed the government to enact certain amendments without the usual scrutiny. Can anyone tell me the amendments enacted during this period?
The 38th, 39th, and 42nd amendments, right?
Right! These amendments were viewed critically, especially the 42nd amendment. Why do you think that was?
Because it changed fundamental rights!
Correct! It also affected the Preamble and attempted to limit the judiciary's powers. Let's remember the acronym 'FRAUD' to recall these amendments: Fundamental Rights Altered, Unjustly Dominated.
Amendment Details
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Now, let's focus on the 42nd amendment. What were some major changes it proposed?
It sought to extend the Lok Sabha's duration from five to six years.
And it made the judiciary's review power weaker!
Good points! The amendment aimed to assert parliamentary power. The Supreme Court’s rulings were essentially being overridden. How did the opposition respond?
They viewed it as unconstitutional and fought back with legal challenges.
Absolutely! This leads us to the vital role of the judiciary. Can anyone tell me what happened as a result of these clashes?
The subsequent amendments like the 43rd and 44th aimed to overturn the controversial changes!
Exactly! Remember, 'JAM' for Judicial Action after the Amendments.
Aftermath and Lessons Learned
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Following the Emergency, restoration of constitutional balance was critical. How did the 43rd and 44th amendments address this?
They rolled back a lot of the changes the 42nd amendment made.
Correct! And why is this significant in understanding the Constitution's evolution?
It shows that amendments can be controversial and that political contexts matter a lot.
Exactly! Remember, 'EVA' - Evolution of the Values in Amendments, signifies how changes reflect societal values.
Introduction & Overview
Read summaries of the section's main ideas at different levels of detail.
Quick Overview
Standard
Focusing on specific amendments made during the 1970s, particularly the 38th, 39th, and 42nd amendments, this section addresses the political controversies surrounding them, the impact of the Emergency period, and the judicial responses that followed, including later amendments that aimed to restore constitutional balance.
Detailed
Controversial Amendments in the Indian Constitution
The section elaborates on the amendments to the Indian Constitution that sparked significant controversy, particularly during the period of national emergency from 1975 to 1977. It underscores how the 38th, 39th, and 42nd amendments were perceived by opposition parties as attempts to subvert democratic values and judicial authority.
Key Points:
- Political Context: These amendments were enacted during a controversial period marked by the imposition of Emergency, whereby civil liberties were curtailed, and many opposition leaders were imprisoned.
- 42nd Amendment: Considered the most controversial, this amendment altered several fundamental aspects, including changes to the Preamble and restrictions on judicial powers, aiming to override the Supreme Court's ruling in the Kesavananda Bharati case, which asserted the basic structure of the Constitution.
- Judicial Response: The subsequent 43rd and 44th amendments were introduced post-Emergency, aiming to restore the constitutional balance by reversing many of the changes implemented by the earlier amendments.
- Legacy: The significance of this period illustrates the tension between legislative power and judicial oversight, framing the continual evolution of constitutional law in India.
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Introduction to Controversial Amendments
Chapter 1 of 5
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Chapter Content
Our discussion so far, should not create an impression that there has never been any controversy over amending the Constitution. In fact, amendments during the period 1970 to 1980 generated a lot of legal and political controversy.
Detailed Explanation
The section begins by stating that while the Indian Constitution can be amended, this process has not always been smooth. Specifically, between 1970 and 1980, various amendments sparked significant debates and controversies, particularly from opposition parties who viewed these changes as overreaches by the ruling party.
Examples & Analogies
Imagine a school that frequently changes its rules. Some students believe the changes are necessary for fairness, while others feel these changes are designed to restrict them. This is similar to how constitutional amendments can be viewed differently by those in power and those who oppose them.
Major Controversial Amendments
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Chapter Content
In particular, the 38th, 39th and 42nd amendments have been the most controversial amendments so far. These three amendments were made in the background of internal emergency declared in the country from June 1975.
Detailed Explanation
The 38th, 39th, and 42nd amendments are highlighted as particularly contentious. These amendments were enacted during a period known as the Emergency (1975-1977) when the government had significant powers, leading to concerns that these amendments could undermine democratic principles and individual rights.
Examples & Analogies
Consider a government declaring a state of emergency during a crisis, giving it the power to change laws rapidly. Some citizens might feel these changes protect them, while others believe their freedoms are being threatened, just like the controversial amendments made during the Emergency.
The Impact of the 42nd Amendment
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Chapter Content
The 42nd amendment was particularly seen as a wide-ranging amendment affecting large parts of the Constitution. It was also an attempt to override the ruling of the Supreme Court given in the Kesavananda case.
Detailed Explanation
The 42nd amendment is emphasized for its broad scope, making substantial changes to many essential parts of the Constitution. This amendment was particularly controversial because it tried to challenge the Supreme Court's ruling in the Kesavananda case, which established the basic structure doctrine – the principle that certain fundamental features of the Constitution cannot be altered.
Examples & Analogies
Think of a company restructuring itself significantly while ignoring its founding principles. Employees might be worried because they fear that the foundational values that kept the company strong are now at risk, much like how the 42nd amendment posed a threat to constitutional integrity.
Consequences of Legislative Actions
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Chapter Content
Many MPs belonging to the opposition parties were in jail when this amendment was passed in Parliament.
Detailed Explanation
This statement highlights the political context during the passage of the 42nd amendment, suggesting that a lack of opposition voices in Parliament led to concerns about the democratic process. The absence of opposition MPs (many were imprisoned during the Emergency) raised alarms about the fairness of the amendment process.
Examples & Analogies
Imagine a school board making significant rule changes while some student representatives are not allowed to attend meetings. This would lead to complaints about fairness and transparency. Similarly, the circumstances under which the 42nd amendment was passed led to questions about its legitimacy.
Restoration of Constitutional Balance
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Chapter Content
In this backdrop, elections were held in 1977 and the ruling party (Congress) was defeated. The new government thought it necessary to reconsider these controversial amendments.
Detailed Explanation
Following the electoral defeat of the Congress party in 1977, the new government sought to reverse some of the controversial amendments that were seen as infringing democratic principles. This process included the 43rd and 44th amendments, which aimed to restore balance in the Constitution by overturning changes made during the Emergency.
Examples & Analogies
Imagine a CEO of a company who implements strict policies during a tough economic period. Once the company stabilizes, the new leadership may change those policies to encourage a more open and collaborative environment. This reflects the political shifts and the belief that the Constitution needed to be amended back to its original principles.
Key Concepts
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Emergency: A period when normal constitutional governance is suspended.
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42nd Amendment: Major changes made during the Emergency affecting fundamental rights and judicial authority.
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Kesavananda Bharati case: The landmark ruling that established limits on Parliament's power to amend the Constitution.
Examples & Applications
The extension of the Lok Sabha's duration from five to six years was a significant change, reflecting the government's priority during the Emergency.
The 42nd amendment introduced the Fundamental Duties of citizens, showcasing the government’s intent to instill certain civic responsibilities.
Memory Aids
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Rhymes
Amend cousins thirty-eight, thirty-nine, and forty-two, they led to trouble and political stew.
Stories
Imagine a tree of democracy with roots buried deep in the Constitution; when storm winds of change blew, branches bent, some broke, but others grew back stronger.
Memory Tools
FRAUD: Fundamental Rights Altered, Unjustly Dominated.
Acronyms
JAM
Judicial Action after the Amendments emphasizes the judiciary's role in safeguarding rights.
Flash Cards
Glossary
- Emergency
A period of national crisis wherein civil liberties may be curtailed and extra powers granted to the government.
- Amendment
A formal change or addition proposed to a constitution.
- Kesavananda Bharati case
A landmark Supreme Court case that established the basic structure doctrine of the constitution.
- Judicial Review
The power of the judiciary to examine and invalidate legislative and executive actions that conflict with the Constitution.
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