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UPSC Dictionary

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India became a member of the Shanghai Cooperation Organisation (SCO) in 2017 and hosts the SCO presidency periodically.

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UPSC Dictionary

[42nd Amendment Act]

The 42nd Amendment Act is a landmark Constitutional Amendment Act, officially The Constitution (Forty-second Amendment) Act, 1976, which is often referred to as the "Mini-Constitution" due to its extensive and wide-ranging changes. It was enacted during the controversial period of the Emergency (1975–1977) by the government led by Prime Minister Indira Gandhi. The primary objective was to strengthen the central government, reduce the power of the judiciary, and assert the supremacy of Parliament.

The Act made numerous significant changes, with most provisions coming into effect on January 3, 1977. Key provisions included amending the Preamble to add the words 'Socialist', 'Secular', and 'Integrity'. It also added a new Part IV-A to the Constitution, which introduced Fundamental Duties for citizens under Article 51A, based on the recommendations of the Swaran Singh Committee. Furthermore, it curtailed the power of judicial review for the Supreme Court and High Courts and transferred five subjects, including Education and Forests, from the State List to the Concurrent List, thereby shifting the federal balance towards the Centre. It also made the President bound by the advice of the Council of Ministers.

The controversial nature of the Act led to subsequent changes. The 43rd Amendment Act (1977) and the 44th Amendment Act (1978) reversed many of its provisions, notably restoring the power of judicial review to the Supreme Court and High Courts. The Supreme Court's judgment in Minerva Mills v. Union of India also undid some of the unconstitutional alterations, particularly those that gave Directive Principles of State Policy precedence over Fundamental Rights.

References

  • vajiraoinstitute.com
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  • drishtijudiciary.com
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