43rd Constitutional Amendment Act 1977

Polity & Governance glossary

Also called: 43rd Constitutional Amendment Act · Topic: Amendment of the Constitution and the Basic Structure · NCERT: Class 11, Ch 9 "Constitution as a Living Document"

Meaning

The 43rd Constitutional Amendment Act, 1977 was the first step in undoing the Emergency-era changes. The Janata government passed it. It gave back the powers of the Supreme Court and the High Courts that the 42nd Amendment (1976) had cut down, such as their power to review laws and issue writs. A writ is a court order that protects a person's rights. The amendment also repealed Article 31D, which had allowed laws against "anti-national activities" to escape fundamental-rights challenges.

Example

In 1976 the 42nd Amendment added Arts. 32A, 131A and 226A, which limited judicial review. In 1977 the 43rd Amendment removed these limits. The 44th Amendment (1978) then finished the restoration.

Don't confuse with

  • 44th Constitutional Amendment Act, 1978: this was the larger restoration. It replaced "internal disturbance" with "armed rebellion", protected Arts. 20-21 during an emergency and made property a legal right (Art. 300A).

Related concepts

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