Constitution Amendments during Emergency: India, which became independent in 1947, was moving forward slowly at a slow and steady pace, but on June 25, 1975, the then Prime Minister Indira Gandhi took a decision which completely changed the history of the country. This was the decision to impose emergency in the country. This decision proved to be a stain on the face of Congress. Till date, all parties including BJP continue to curse Congress for this decision. Accusing him of playing with the Constitution.
During the Emergency, people were stripped of their rights. All the leaders were put in jail. The rights of even the courts were curtailed, and even the freedom of the press, the fourth pillar of democracy, was restricted. During the discussion on the recent debate on the Constitution in the Lok Sabha, Prime Minister Modi once again put the Congress Party in the dock for the Emergency in the country and during this, while mentioning the amendments made in the Constitution, he made many allegations against the Congress. . Let us know what were those amendments which were implemented during the Emergency, and what was their effect.
38th amendment
The then Prime Minister Indira Gandhi made an important amendment in the Constitution right after the Emergency, it was called the 38th Constitutional Amendment. Through this, the right to review the emergency was taken away from the judiciary.
39th amendment
The 39th amendment was made just two months after the 38th amendment to the Constitution. This constitutional amendment was to keep Indira Gandhi as Prime Minister. Actually, Allahabad High Court had canceled the election of Indira Gandhi, but through this amendment, the right to scrutinize the election of the person appointed to the post of Prime Minister was taken away from the court. According to this amendment, only a committee constituted by the Parliament could investigate the election of the Prime Minister.
42nd amendment
During the Emergency, Indira Gandhi’s government made the 42nd amendment, it was one of the most controversial amendments. Through this, preference was given to the directive principles of the state policy compared to the fundamental rights of the citizens. That is, through the amendment, a provision was made to deprive the common man of his fundamental rights. Now the central government had the power to send military or police forces to any state in the name of maintaining law and order. This amendment had completely weakened the judiciary.
Important changes made after emergency
After the Emergency, when the Janata Party government was formed under the leadership of Morarji Desai, many amendments were made in the Constitution. The most important in this is the 44th amendment. Under this, it was ensured that the powers of the Constitution could not be misused in future. Through this amendment, it was arranged that under Article 352, the President cannot declare emergency unless the Union Cabinet sends such a proposal to him in writing. It is mandatory for the declaration of emergency to be approved by both the houses of the Parliament within one month, only after this the emergency can remain in force only for six months.
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