How Indira Gandhi destroyed democracy by changing the constitution of India?

The 42nd Amendment to the Indian Constitution, enacted during the Emergency period under Prime Minister Indira Gandhi, is one of the most controversial amendments due to its extensive and far-reaching changes. Here are the most controversial aspects of the 42nd Amendment:

1. Judiciary and Judicial Review

• Curtailment of Judicial Review: The amendment significantly reduced the power of the judiciary by limiting the scope of judicial review. Articles 323A and 323B were introduced, which established administrative tribunals for resolving disputes relating to public services, thereby excluding the jurisdiction of all courts, including the Supreme Court, over such matters.
• Article 31C: This article was amended to give precedence to laws implementing the Directive Principles over Fundamental Rights. This change meant that any law enacted to fulfill the Directive Principles could not be challenged in court for violating Fundamental Rights, thus severely limiting the power of the judiciary to protect individual rights.

2. Executive Powers and Emergency Provisions

• Strengthening Central Government Powers: The amendment increased the powers of the central government and the Prime Minister at the expense of state governments. This centralization of power was seen as a move to suppress regional autonomy and dissent.
• Emergency Provisions: The amendment made it easier for the government to declare a national emergency and to extend the period of emergency rule. It also suspended the enforcement of many Fundamental Rights during an Emergency, making it difficult for citizens to seek judicial redress.

3. Fundamental Rights and Directive Principles

• Precedence of Directive Principles: By giving Directive Principles precedence over Fundamental Rights, the amendment fundamentally altered the balance between these two key components of the Constitution. This shift undermined the protection of individual rights, as laws designed to implement Directive Principles could override Fundamental Rights.

4. Preamble Changes

• Addition of “Socialist” and “Secular”: The amendment introduced the words “Socialist” and “Secular” into the Preamble. While these changes were meant to reflect the government’s ideological stance, they were criticized for being imposed without adequate debate or consensus.

5. Fundamental Duties

• Introduction of Fundamental Duties: The amendment added a new part (Part IVA) to the Constitution, listing ten Fundamental Duties for Indian citizens. While promoting a sense of civic responsibility, the introduction of Fundamental Duties was seen by some as a way to shift the focus from the government’s obligations to citizens’ responsibilities, without corresponding legal enforceability.

6. Tenure of Legislatures

• Extension of Tenure: The amendment extended the duration of the Lok Sabha and State Legislative Assemblies from five to six years. This was viewed as an attempt to prolong the power of the ruling party during a period of political instability.

7. Centralization of Power

• Weakening of State Autonomy: Various provisions of the amendment curtailed the powers of state governments, thereby increasing central control. This centralization was seen as undermining the federal structure of the Indian Constitution.

8. Amendment Process

• More Difficult Amendment Process: The amendment made certain parts of the Constitution more difficult to amend, effectively entrenching the changes made by the 42nd Amendment and making it harder for future governments to reverse them.

Criticism and Reversal

These controversial changes were heavily criticized by legal experts, opposition parties, and civil society for undermining democracy and the Constitution’s basic structure. After the end of the Emergency and the defeat of Indira Gandhi in the 1977 elections, the subsequent Janata Party government passed the 43rd and 44th Amendments, which rolled back many of the 42nd Amendment’s provisions. These subsequent amendments restored the balance of power between the judiciary, executive, and legislature, reaffirming the democratic principles of the Indian Constitution.

The 42nd Amendment remains a significant example of how constitutional changes can impact the democratic framework and the protection of individual rights in India.