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Working a Democratic ConstitutionA History of the Indian Experience$
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Granville Austin

Print publication date: 2003

Print ISBN-13: 9780195656107

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780195656107.001.0001

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The Forty-Second Amendment: Sacrificing Democracy to Power

The Forty-Second Amendment: Sacrificing Democracy to Power

Chapter:
(p.370) Chapter 17 The Forty-Second Amendment: Sacrificing Democracy to Power
Source:
Working a Democratic Constitution
Author(s):

Granville Austin

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195656107.003.0019

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

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