ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

A+| A| A-

Constitutional Red Herring

THE Supreme Court has struck down section 55 and section 4 of the Constitution (42nd Amendment) Act, 1976, which had given unlimited powers to Parliament to amend the Constitution. The 42nd Amendment, it may be recalled, was rushed through during the Emergency in a captive Parliament. Section 55 of the Act inserted clauses 4 and 5 in Article 368 (which bestowed unlimited powers upon Parliament to amend the Constitution in every conceivable and even inconceivable manner) and section 4 of The Act amended Article 31-C in the chapter on Fundamental Rights which had already provided

To read the full text Login

Get instant access

New 3 Month Subscription
to Digital Archives at

₹826for India

$50for overseas users


(-) Hide

EPW looks forward to your comments. Please note that comments are moderated as per our comments policy. They may take some time to appear. A comment, if suitable, may be selected for publication in the Letters pages of EPW.

Back to Top