The 42nd Amendment almost rewrote the Constitution, making
Parliament the supreme sovereign body.‖ Critically analyse.
Ans- The 42nd amendment to the constitution was brought during the emergency,
brought some drastic changes in the constitution. These changes were :
-- Preamble : It changed the characterization of India to ―sovereign, socialist secular
democratic republic‖ from ―sovereign democratic republic‖ and the words ‗unity of the
nation‘ was changed to ‗unity and integrity of the nation‘.
-- Parliament: Raised the term of loksabha and vidhansabha from 5 to 6 years. The
quorum was left to be fixed by the rules of each house.
-- Judicial : Stating that the amendments cant be questioned by any court on any
ground.
-- Executive: The amendment stated that the president shall act in accordance to the
council of ministers.
-- Federal : enable the centre to deploy armed forces for dealing with situations of law
and order in any state.
-- Emergency :authorizing the President to declare emergency in "a part" of the country.
The 42nd amendment changed the whole complexion of the constitution, making
parliament the supreme sovereign body, excluding courts entirely from election
disputes, strengthening central govt to rule as a unit NOT as a federal system, cutting
down the judiciary powers to challenge legislation abolishing democracy and devaluing
fundamental rights.
