Discuss any two constitutional amendments that have significantly affected the powers or functioning of…

Question

Discuss any two constitutional amendments that have significantly affected the powers or functioning of the Indian judiciary.

Ghissu Editorial · Accepted Answer

The First Amendment (1951) created Articles 31A, 31B and the Ninth Schedule to shield land reform laws from judicial review, while the 42nd Amendment (1976) curtailed judicial review through Article 32A and a two-thirds bench majority rule. Minerva Mills (1980) later struck down key 42nd Amendment provisions.

**Introduction**

Constitutional amendments have profoundly influenced the Indian judiciary’s powers, reflecting the ongoing tussle between legislative authority and judicial independence. The First and 42nd Amendments are pivotal in this context, marking significant shifts in judicial functioning and constitutional interpretation.

**Key Constitutional Amendments Impacting the Judiciary**

1. **First Amendment (1951)**: Enacted to protect land reform laws and speech restrictions from judicial invalidation by introducing Articles 31A, 31B, and the Ninth Schedule, it facilitated socio-economic reforms but limited judicial review, notably aiding ==Andhra Pradesh== in implementing agrarian reforms. It also addressed concerns raised by early Supreme Court rulings that struck down progressive legislation on fundamental rights grounds.

2. **42nd Amendment⟦2⟧⟦1⟧ (1976)**: Known as the “mini-Constitution,” it curtailed judicial review by restricting Supreme Court jurisdiction (Article 32A), prioritizing Directive Principles over Fundamental Rights, and requiring larger benches and majorities to strike down laws. Enacted during Emergency, it centralized power affecting states like ==Andhra Pradesh== under Article 257A, which allowed the Centre to deploy forces in the state. The Supreme Court’s Minerva Mills Ltd. v. Union of India (1980) judgment struck down key provisions, reaffirming the Kesavananda Bharati (1973) basic structure doctrine and restoring judicial supremacy.

**Way Forward**

3. **Promote Cooperative Federalism**: Respect state autonomy, especially in sensitive regions like ==Andhra Pradesh==, by balancing Centre-state relations through dialogue and constitutional mechanisms.

4. **Enhance Transparency**: Involve judicial experts in amendment scrutiny for democratic accountability, ensuring amendments do not undermine constitutional principles.

**Conclusion**

The First and 42nd Amendments have reshaped judicial powers, highlighting the need to uphold constitutional morality and the basic structure doctrine to preserve democracy and fundamental rights. This balance is vital for a resilient and inclusive democratic India.

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