The 42nd Amendment must go

Summary

In this newspaper article, M. R. Masani argues that the 42nd Amendment to the Indian Constitution is a constitutional monstrosity that should be repealed. He contends that the amendment concentrates power in the Prime Minister, weakens the federal balance between the Union and the states, undermines the judiciary, and damages the relationship between Parliament and the people. He also criticises the Janata government for considering the repeal of only selected provisions rather than undoing the amendment as a whole.

Masani argues that the amendment’s insertion of the terms “secular” and “socialist” into the description of the Republic is unnecessary and potentially misleading, since constitutional guarantees already protect religious freedom, minority rights, and property. He focuses especially on provisions that reduce the President to a figurehead and permit the Prime Minister and Cabinet to dominate Parliament. The article closes by warning that the amendment could enable a future Prime Minister to suspend fundamental rights and impose an Emergency, and invokes the independent judiciary and the President’s constitutional checks as safeguards against parliamentary supremacy.

Key points

• Masani describes the 42nd Amendment as a betrayal of the constitutional settlement and an attack on federalism, judicial independence, and democratic government.
• He criticises the Janata government’s proposal to repeal only certain provisions rather than rescind the amendment in its entirety.
• The article questions whether parliamentary procedure alone can reliably reverse an amendment that was passed through political pressure and coercion.
• Masani rejects the constitutional necessity of adding “secular” and “socialist” to the description of the Republic.
• He argues that the amendment weakens the President and enables the Prime Minister and Cabinet to dominate Parliament.
• The article warns that the amendment could facilitate a future Emergency and the suspension of citizens’ fundamental rights.
• Masani presents the judiciary and the President as important constitutional checks on executive and parliamentary dominance.