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The 43rd and 44th Amendments repealed the 42nd Amendment's provision that Directive Principles take precedence over Fundamental Rights, and also curbed Parliament's power to legislate against "anti-national activities". The 42nd Amendment also added a new section to the Article on "Fundamental Duties" in the Constitution.
The Constitution spells out governmental powers with so much detail that many matters addressed by statute in other democracies must be addressed via constitutional amendment in India. As a result, the Constitution is amended roughly twice a year. The main purpose of the amendments is to become more relevant.
The Constitution of India is the supreme legal document of India. [2] [3] The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. It is the longest written national ...
Amending the Constitution of India is the process of making changes to the nation's ... Article 368 has been amended by the 24th and 42nd Amendments in 1971 and 1976 ...
Union of India, Constitution Benches of the Supreme Court used the basic structure doctrine to strike down the 39th Amendment and parts of the 42nd Amendment respectively, and paved the way for restoration of Indian democracy. [3]
The 42nd Amendment, which brought about extensive changes to the letter and spirit of the Constitution, is one of the lasting legacies of the Emergency. In the conclusion of his Making of India's Constitution , Justice Khanna writes:
The Forty-third Amendment of the Constitution of India, officially known as the Constitution (Forty-third Amendment) Act, 1977, repealed six articles that had been inserted into the Constitution by the 42nd Amendment which had been enacted by the Indira Gandhi-led Indian National Congress during the Emergency.
In 1978, the Forty-fourth Amendment of the Constitution of India, substituted the words "armed rebellion" for "internal disturbance" in Article 352, making the term more specific and less subject to interpretations. [1] The amendment also protected Articles 20 and 21 from being suspended during an emergency. [citation needed]