Question

The Prime Minister of India Mrs. Indira Gandhi declared a national emergency in 1975. When questioned about the legality of the 42nd Constitution Amendment Act, 1976, she responded that the essence of parliamentary democracy made Parliament supreme.

In the above context, analyse the impact of the 42nd Constitution Amendment Act, 1976 on the democratic system in India.

Answer 1

1. The 42nd Constitution Amendment Act changed the basic structure of the Indian constitution.
2. There was a clamp down on the democratic rights.
3. It led to the curtailment of the civil liberties and abuse of human rights.
4. It gave sweeping powers to the Prime Minister.
5. It invested the Parliament with unrestrained power to amend the Constitution.
6. It restricted the rights of the Supreme Court and the High Court to the power of judicial review.
7. It transferred the power from state government to the central government.
8. It damaged the federal structure of the Indian union.
9. It laid down the fundamental duties of the Indian citizens.