Jairam Ramesh challenges PM Modi’s critique of 42nd Amendment  

Congress MP Jairam Ramesh has questioned Prime Minister Narendra Modi’s selective criticism of the 42nd Amendment during the parliamentary debate on the Constitution. Ramesh highlighted that while the Prime Minister focused on attacking former Prime Minister Indira Gandhi for introducing the controversial amendment, he overlooked her role in supporting the 44th Amendment, which reversed several provisions of the earlier legislation.  

Ramesh pointed out that the 44th Amendment, passed under the Morarji Desai government in 1978, addressed the excesses of the 42nd Amendment. “Indira Gandhi herself, along with other Congress MPs, voted in favour of the 44th Amendment,” Ramesh wrote on X.  

The 42nd Amendment, often labelled as altering the “basic structure” of the Constitution, included contentious changes, yet many of its provisions remain central to Indian governance today. These include terms like “socialist” and “secular” in the Preamble, which the Supreme Court has recognised as part of the Constitution’s basic structure.  

Ramesh also highlighted specific retained provisions such as:  

• Article 39-A: Ensuring equal justice and legal aid.  
• Article 43-A: Promoting workers' participation in industries.  
• Article 48-A: Protecting the environment, forests, and wildlife.  
• Articles added to the Concurrent List, enabling both Union and state governments to address education, environment, and population planning.  

In contrast, during his speech, PM Modi criticised the misuse of constitutional amendments during the Emergency period. He cited the 39th Amendment, which barred courts from challenging elections of key officeholders, including the Prime Minister, applying it retrospectively to shield past actions.

Modi also noted the sidelining of Justice HR Khanna, who opposed constitutional overreach, describing it as a blow to democratic principles.