The Forty-Second Amendment: Sacrificing Democracy to Power

Granville Austin

in Working a Democratic Constitution

Published in print July 2003 | ISBN: 9780195656107
Published online October 2012 | e-ISBN: 9780199080397 | DOI:
The Forty-Second Amendment: Sacrificing Democracy to Power

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This chapter discusses the Forty-second Amendment itself. It summarizes the essence of the Forty-second Amendment, the government's and critics' contention over it, and considers the puzzle of the amendment's drafting. It also examines examine a strange event of the time: an apparent attempt to derail the amendment entirely and substitute a presidential for the parliamentary system. Mrs Gandhi's wrenching of the seamless web brought the repudiation of the Emergency, her government's downfall, and the repeal of the Forty-second Amendment. So was proved what the founding fathers knew: that the character of the country depended upon the integrity of the web, which depended on the health and strength of its individual strands.

Keywords: Forty-second Amendment; parliamentary system; presidential system

Chapter.  9267 words. 

Subjects: Constitutional and Administrative Law

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