Rejecting pleas by both Prasad and B R Ambedkar to drop his amendment, Kamath pressed his motion along with a demand for a division. A vote was taken and the motion was rejected God save India. The foundation stones of this Constitution are the decisions of the American Supreme Court. It is the Government of India Act, , repeated again.
If we had a Gandhian Constitution, I would have been the first to offer my support. It is proposed to avail of the present opportunity to make certain other amendments which have become necessary in the light of the working of the Constitution. The various amendments proposed in the Bill have been explained in the notes on clauses.
Short title and commencement. Insertion of new sub-heading after article Amendment of article 31C. Insertion of new article 31D. Saving of laws in respect of anti-national activities. Insertion of new article 32A. Constitutional validity of State laws not to be considered in proceedings under article Amendment of article Insertion of new article 39A.
Equal justice and free legal aid. Insertion of new article 43A. Participation of workers in management of industries. Insertion of new article 48A. Protection and improvement of environment and safeguarding of forests and wild life. Even then, said Ghosh, parliamentary debates mentioned the need to regulate air pollution. This saw fruition in , in the Air Prevention and Control of Pollution Act that revamped the pollution control boards and expanded their jurisdiction. Rather, said Ghosh, it is safeguarded through judicial decisions.
The Supreme Court has actively protected it, as a derived right, by liberally interpreting Article 21A, the Right to Life. This has led to a series of landmark judgements, upholding the need to protect the environment and people dependent on it.
Evidently, the amendment to the provisions relating to judicial power was highly condemned. It was seen as encroaching the power of the judiciary by the legislature and was perceived as an attack on the doctrine of separation of powers. The Fundamental rights were conferred upon the people uninterruptedly since the Constitution has come into force.
But, the 42nd amendment added the relevant provisions to the Constitution to suspend Fundamental Rights during emergencies. Article had the effect of the suspension of rights conferred under Article 19 of the Constitution without any special announcement whenever an external emergency is imposed. As per this provision, such Presidential order can be made either during an internal emergency or during an external emergency for a specified time or for the entire emergency time.
The Constitution consisted of specific parts for the fundamental rights and Directive Principles since the inception of the Constitution. But, the government and the Swaran Singh Committee believed that the citizens of this country must also have certain duties towards the State to have a cordial relationship. Hence, ten fundamental duties in the form of Part IVA were inducted into the Constitution under the 42nd Amendment of But, as it was unfeasible to enforce duties upon the citizens as it contradicts the whole structure of a democratic country, these were given a non-judicial and unenforceable effect.
Some of the important fundamental duties are to abide by the Constitution and its ideals, to safeguard the sovereignty, unity, and integrity of the country, to protect the environment, to render national service, etc. This part of the amendment was not considered to be a controversial change as prima facie seems to protect that national interests. Unlike the other alterations made concerning other parts, the changes made to the Directive Principles included both positive and negative criticisms.
Though this Article was added through the 25th Constitutional Amendment of , its scope was expanded through the current amendment. Previously, this provision had the effect of creating a valid law under Article 39 b and Article 39 c of the Constitution even if such law is infringing the fundamental rights of the people. While it was perceived to be unacceptable by lots of the general populace, the 42nd amendment was introduced by which the scope of Article 31C expanded to such an extent that any law made as per any DPSP shall be considered as valid even if such law is violating any fundamental right.
Along with this, Article 31D was introduced for the purpose of legalizing any laws made concerning Anti-National elements even if such laws are infringing on Article 14 and Article These two changes regarding the functionality of DPSP had faced numerous negative reactions in the public arena.
The other changes made in the DPSP which were lauded by the community are the introduction of Article A and alteration in Article 39 f of the Constitution. As per Article A, free legal aid is to be provided to the poor and weaker sections of the society to avoid injustice only by the reason of economic or social backwardness. The pre-existing provision, Article 39 f was amended to have an effect of protection against the exploitation and moral, material abandonment of children and youth.
The 42nd amendment had frozen the reorganization of boundaries of parliamentary constituencies till the first census after i. Before this amendment, Article 82 provided for the reorganization of constituencies for parliament and state legislature after every census i.
This amendment made no real change but it just created a statutory provision to a practice that has been followed in the country. When we look at the power hierarchy in the country, the President is the Constitutional Head of the State who is perceived to be nominal and the Prime Minister is seen as the actual head. Before the amendment in Article 74 , the President used to act in accordance with the advice given by the cabinet even though such practice is not affected by any provision of the Constitution or any other law.
In such circumstances, this amendment was made only to give such practice a statutory effect and did not lead to any special change. Post-emergency, in , the general elections were held across the country in which Congress was defeated by the Janata Party alliances. The government was formed under the leadership of Mr. Morarji Desai and their primary duty was to place the Constitution in the former position as it was before the emergency.
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