Constitutional Symbolism and Substantive Transformation: The 42nd Amendment and the Insertion of “Socialist” and “Secular” into the Indian Preamble Introduction The insertion of the terms “Socialist” and “Secular” into the Preamble of the Constitution of India by the 42nd Constitutional Amendment Act, 1976 represents one of the most contested moments in India’s constitutional history. Enacted … Continue reading Analyse the insertion of the terms “Socialist” and “Secular” into the Preamble as an exercise in constitutional symbolism versus substantive transformation. How does the experience of the 42nd Amendment compare with constitutional amendments enacted under emergency regimes in other democracies?
Tag: Comparative Constitutional Law
Critically evaluate the efficacy of judicial review in India, with reference to its constitutional foundations, scope of application, and its impact on the balance of power among the organs of government.
Judicial Review in India: Constitutional Foundations, Scope, and Impact on the Balance of Power Introduction Judicial review is a cornerstone of India’s constitutional architecture. It empowers the judiciary to examine the constitutionality of legislative enactments and executive actions and to strike them down if they violate the Constitution. Rooted in the idea of constitutional supremacy, … Continue reading Critically evaluate the efficacy of judicial review in India, with reference to its constitutional foundations, scope of application, and its impact on the balance of power among the organs of government.