The main intention behind the 43rd Amendment was to reverse several provisions of the 42nd Amendment that had increased the power of the Central Gover

43rd Indian Constitutional Amendment (1977)

The Constitution of India is one of the most detailed and well-designed constitutions in the world. It does not only define how the government works, but it also protects the rights and freedoms of every citizen. 

However, the makers of the Constitution understood that society changes with time. Therefore, they made the Constitution flexible, so that it could be amended when necessary. Over the years, many constitutional amendments have been made, some minor and some extremely significant. One of the most important amendments in the history of India is the 43rd Constitutional Amendment Act, 1977.

The 43rd Amendment holds great importance because it deals with the restoration of democracy, which had been weakened during the Emergency period (1975-1977). 

To understand this amendment properly, we must first understand the political situation of India during the Emergency, the 42nd Amendment that came before it, and why the 43rd Amendment became necessary. In this detailed article, we will break everything down in simple words, step-by-step.

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Background: The Emergency and the Political Situation in India

In 1975, Prime Minister Indira Gandhi declared a National Emergency, stating that there were threats to national security and internal stability. However, political analysts, historians, and many citizens believed that the main reason behind the Emergency was to maintain political control after Indira Gandhi’s election to the Lok Sabha was challenged in court due to charges of electoral fraud.

Once the Emergency was declared, the government gained extraordinary powers. Civil liberties were suspended, meaning people could not freely express their opinions. Media censorship was implemented, meaning newspapers and news agencies were not allowed to criticize the government. Many opposition leaders were arrested, and the democratic system was significantly weakened.

During this period, the government brought the 42nd Constitutional Amendment Act (1976), which is often called the “Mini Constitution” because it made very large and wide-reaching changes to the Indian Constitution. These changes strengthened the central government and reduced the power of the judiciary and the states. The amendment was passed quickly, without proper debate, because the Parliament at that time was under enormous government control.

In 1977, after the Emergency ended, elections were held. The people of India expressed their dissatisfaction by voting the Congress Party out of power. The Janata Party came to power under the leadership of Morarji Desai. Their main goal was to undo the undemocratic changes made during the Emergency. Therefore, they passed the 43rd Constitutional Amendment Act, 1977 to restore democratic values and the balance of power in the Constitution.

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Purpose of the 43rd Constitutional Amendment

The main intention behind the 43rd Amendment was to reverse several provisions of the 42nd Amendment that had increased the power of the Central Government and Parliament while reducing the authority of the Supreme Court and High Courts.

In simple words, the purpose of the 43rd Amendment was to:

• Bring democracy back to normal functioning

• Strengthen the judiciary so that it could freely check the government’s actions

• Restore the balance of power between different branches of government

• Protect the fundamental rights of citizens

• Ensure that the government remains answerable and limited in power

Before the 43rd Amendment, the government had become so powerful that citizens’ rights were deeply affected. After the amendment, people once again gained the right to question the government and challenge unfair laws.

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Undoing the Changes Introduced by the 42nd Amendment

The 42nd Amendment had removed or weakened the judiciary’s authority to review laws passed by Parliament. Judicial Review is a very important part of the Indian Constitution. It ensures that if the government passes a law that violates fundamental rights or the Constitution, the courts can strike it down.

However, during the Emergency, the government limited judicial review, meaning the courts were prevented from challenging the government’s decisions. This was extremely dangerous for democracy because without judicial review, the government could essentially do anything.

The 43rd Amendment restored judicial review, giving back the courts their power to interpret the Constitution and protect citizens from the misuse of government authority.

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Restoration of the Power of the Supreme Court and High Courts

One of the most important impacts of the 43rd Amendment was that it restored the independence and authority of the Supreme Court and High Courts. The courts were once again allowed to:

• Review laws passed by Parliament

• Declare laws unconstitutional if they went against the Constitution

• Protect citizens’ fundamental rights

• Ensure that the government did not misuse its powers

A democratic nation cannot function properly if its judiciary is weak. The 43rd Amendment helped bring back the trust of citizens in the judicial system.

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Repealing Articles 144A and 228A

The 42nd Amendment had inserted Articles 144A and 228A into the Constitution. These articles created unnecessary restrictions on judicial review.

Under Article 144A:

• At least seven judges of the Supreme Court were required to hear cases involving constitutional validity of laws.

• A two-thirds majority of these judges was required to strike down a law.

This made it extremely difficult to declare a law unconstitutional. Even if a law was clearly unfair or violated fundamental rights, it would be nearly impossible to get a two-thirds majority in such a large bench.

Under Article 228A:

• High Courts also required a special bench and large majority to strike down laws.

The 43rd Amendment completely repealed Articles 144A and 228A, restoring the normal functioning of the judiciary. Once again, smaller benches of courts could decide constitutional matters, and laws could be struck down when necessary.

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Rebalancing Power Between the Government and the Judiciary

The Indian Constitution is based on the principle of Separation of Powers, which means:

• Parliament makes laws

• Executive (Government) implements laws

• Judiciary interprets laws and checks for fairness

However, during the Emergency, this balance was disturbed. The government tried to control the judiciary by limiting its powers. The 43rd Amendment restored the balance, ensuring that no branch of government becomes more powerful than the others.

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Effects on the Duration of the Lok Sabha

The 42nd Amendment increased the term of the Lok Sabha (House of the People) from 5 years to 6 years. Although the 43rd Amendment did not immediately reverse this change, it re-opened the possibility for restoring the original term.

Later, the 44th Constitutional Amendment (1978) restored the term of the Lok Sabha to 5 years, which is still in effect today.

So, the 43rd and 44th Amendments worked together to fully undo the Emergency-era constitutional changes.

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Broader Impact on Democracy

The 43rd Amendment is seen as a strong step in protecting the democratic structure of India. It ensured that:

• Citizens could again exercise their fundamental rights

• The judiciary could protect the Constitution

• The government could not misuse emergency powers again

• A balance between institutions was restored

The amendment also reassured the people that their voice mattered, and that the Constitution was strong enough to correct itself when required.

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Criticisms of the 43rd Amendment

Although the amendment was widely appreciated, some critics pointed out that:

• The amendment was politically motivated to oppose Indira Gandhi’s government.

• Some provisions of the 42nd Amendment were not reversed.

• The amendment restored significant power to the judiciary, which some believed could lead to judicial dominance.

Despite these criticisms, most scholars agree that the 43rd Amendment was necessary for the protection of democracy.

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Importance of the 43rd Amendment for Students and Learners

For students preparing for UPSC, SSC, State PSCs, CLAT, Judicial Exams, or school exams, understanding the 43rd Amendment is very important because:

• It shows how constitutional changes are linked to political history

• It explains the importance of judicial independence

• It highlights how democracy can be weakened and restored

• It teaches that constitutional institutions must be protected to ensure freedom and rights

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Conclusion

The 43rd Constitutional Amendment Act, 1977, is one of the most crucial amendments in Indian history because it helped restore democracy after a period of intense political misuse of power. It reversed many changes introduced by the 42nd Amendment during the Emergency, strengthened the role of the judiciary, and protected the fundamental rights of citizens. The amendment stands as an important reminder that no government is above the Constitution, and that the power of the people and the rule of law must always be preserved.

India’s democracy survived one of its toughest tests during the Emergency. The 43rd Amendment played a major role in rebuilding faith in democratic institutions and ensuring that such misuse of power never happens again. It is not just a legal amendment—it is a symbol of the people’s victory and the Constitution’s strength.