An Analysis Of The Forty Second Constitutional Amendment With Reference To Landmark Judgement

D. Santhiya, LLM (Environmental Law), The Tamil Nadu Dr. Ambedar Law University.

ABSTRACT

The Indian Constitution offers basic guidelines and principles for the smooth and effective functioning of the country. The Constitution resembles Constitutional Supremacy over Parliamentary Supremacy. It was adopted on November 26 1949 (w.e.f) January 26, 1950. The Constitution is the supreme law of the land and it was framed in such a way to ensure that parliament and state legislature shouldn't override it. The 42nd Constitutional Amendment was introduced in the regime of Indira Gandhi especially during the Emergency of 1975 which is called as the most controversial amendment to the Indian Constitution. This Amendment is popularly called the Constitution (forty-second Amendment) Act 1977. This act had brought many changes in the Constitution like it restricted powers of Supreme Court and High Court in the pronouncement of Judgements Complying with Constitutional validity. It made parliament the Supreme authority .It provided the Prime Minister with unquestionable and uncontrollable power and more powers to the Centre by reducing the powers of the States. This amendment almost eroded the federal structure of the Constitution completely. Due to major amendments made, it is called the "mini Constitution" or "Constitution of Indira". Let's discuss all the changes brought by the 42nd constitutional amendments in this paper.