This question has two parts. The first asks for a discussion of the 42nd Constitutional Amendment Act of India. The second asks about the Legislative Council (also known as the Upper House or Vidhan Parishad) in the Indian state legislatures. The required approach is primarily factual and analytical, requiring an understanding of constitutional law and political science.
Points to Remember:
- 42nd Amendment: Key features, impact on fundamental rights, and its significance in Indian political history.
- Legislative Council: Composition, powers, functions, and its role in the Indian federal system. Arguments for and against its utility.
Introduction:
The 42nd Constitutional Amendment Act, 1976, was a landmark amendment to the Indian Constitution, enacted during the Emergency imposed by then Prime Minister Indira Gandhi. It significantly altered the balance of power between the executive and the legislature, and introduced several changes impacting fundamental rights. Separately, the Legislative Council is a feature of bicameral legislatures in some Indian states. Understanding its composition and function is crucial to understanding the Indian federal structure.
Body:
I. The 42nd Constitutional Amendment Act, 1976:
Key Features: The amendment introduced the term “socialist” and “secular” into the Preamble, strengthening the commitment to these ideals. It also altered the Directive Principles of State Policy, adding new directives. Crucially, it amended Article 368, making it more difficult to amend the Constitution. It also introduced the concept of Fundamental Duties. The amendment significantly curtailed the power of the judiciary through changes to Articles 13, 32, and 226.
Impact on Fundamental Rights: The amendment’s impact on fundamental rights was controversial. While it didn’t explicitly remove any rights, the changes to Article 368 and the judiciary’s powers effectively limited the scope of judicial review, potentially impacting the enforcement of fundamental rights.
Significance: The 42nd Amendment reflected the political climate of the time, characterized by a strong central government and a curtailment of civil liberties. It remains a subject of debate among constitutional scholars, with some viewing it as a necessary step to strengthen the nation’s socialist and secular fabric, while others criticize its impact on democratic principles and fundamental rights. Its legacy continues to shape discussions on the balance between executive power and judicial review.
II. The Legislative Council (Vidhan Parishad):
Composition: The Legislative Council is composed of members elected by the members of the Legislative Assembly, graduates of certain universities, teachers, and other specified constituencies. The Governor also nominates some members for their expertise in various fields. The exact composition varies from state to state.
Powers and Functions: The Legislative Council has the power to review and amend bills passed by the Legislative Assembly. However, the Assembly can override the Council’s amendments. The Council also plays a role in scrutinizing government policies and legislation through debates and discussions.
Utility:
- Positive Aspects: The Council provides a check on hasty legislation, offering a more deliberative process. It provides representation to various sections of society not adequately represented in the Assembly. It can act as a training ground for future legislators.
- Negative Aspects: The Council is often criticized for being ineffective and delaying legislative processes. Its composition can be seen as undemocratic, with nominated members potentially lacking accountability. The cost of maintaining a bicameral legislature is also a concern.
Examples: States like Uttar Pradesh, Maharashtra, and Karnataka have Legislative Councils, while many others are unicameral. The effectiveness of the Council varies significantly depending on the political context and the composition of its members.
Conclusion:
The 42nd Amendment Act remains a significant event in Indian constitutional history, highlighting the delicate balance between the executive, legislature, and judiciary. Its impact on fundamental rights and the balance of power continues to be debated. The Legislative Council, while offering a potential check and balance within the state legislatures, faces criticisms regarding its effectiveness and democratic legitimacy. A balanced approach is needed, considering the potential benefits of a bicameral system while addressing concerns about its efficiency and representativeness. Further reforms could focus on improving the Council’s composition and ensuring its greater accountability to the people, thereby enhancing its utility within the Indian federal structure. Ultimately, a strong and responsive democracy requires a robust and accountable legislature, reflecting the diverse voices and aspirations of the Indian population.
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