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The position of the president which was undermined by the 42nd amendment was sub-sequently somewhat retrieved by the
  • a)
    44th amendment
  • b)
    45th amendment
  • c)
    26th amendment
  • d)
    None of the above
Correct answer is option 'A'. Can you explain this answer?
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The position of the president which was undermined by the 42nd amendme...
The correct answer is option A, the 44th amendment.

The 42nd amendment to the Indian Constitution, enacted in 1976, made significant changes to the powers and position of the President of India. It was introduced during the period of emergency in India, and its provisions were seen as an attempt to centralize power and weaken the office of the President.

However, the subsequent 44th amendment, enacted in 1978, aimed to rectify some of the changes made by the 42nd amendment. Let's delve into the details:

**Background of the 42nd Amendment**
- The 42nd amendment was passed during the period of emergency in India, which lasted from 1975 to 1977.
- It was introduced by the government led by Prime Minister Indira Gandhi and the ruling party at the time, the Indian National Congress.
- The amendment made several changes to the Constitution, including shifting the balance of power towards the Prime Minister and the Parliament, and away from the President.

**Changes made by the 42nd Amendment**
- The amendment expanded the power of the Parliament to amend any part of the Constitution, including fundamental rights, without judicial review.
- It curtailed the powers of the judiciary by limiting the scope of judicial review and by introducing the "basic structure" doctrine.
- The President's power to veto legislation was also curtailed, as the amendment made it mandatory for the President to give assent to bills passed by Parliament.
- The amendment also made it easier for the President to be impeached, reducing the threshold for impeachment from "proved misbehavior or incapacity" to "misbehavior or violation of the Constitution."

**Retrieval of the President's Position by the 44th Amendment**
- The 44th amendment, enacted in 1978, aimed to rectify some of the changes made by the 42nd amendment and restore a balance of power.
- It reintroduced certain checks and balances on the power of the Parliament and the Prime Minister.
- The amendment restored the power of judicial review by the judiciary, allowing it to examine the validity of constitutional amendments.
- It also restored the President's power to refer bills back to the Parliament for reconsideration, thereby granting a limited veto power.
- Additionally, the amendment increased the threshold for the impeachment of the President back to "proved misbehavior or incapacity."

In conclusion, the 44th amendment played a crucial role in retrieving some of the powers and position of the President of India that were undermined by the 42nd amendment. It aimed to restore a balance of power and reintroduce checks and balances in the Indian political system.
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