Western Moral Philosophers — Ethical Standards

Entry	Year	Description	Impact
42nd Amendment (1976)	1976	The 42nd Amendment, passed during the Emergency, fundamentally altered the Constitution's character by removing the word 'secular' and adding 'socialist' to the Preamble, and by restricting fundamental rights. While not directly about moral philosophy, this amendment reflects a particular moral vision—one that prioritizes collective welfare (socialism) over individual rights. The amendment demonstrates how different moral philosophies can lead to different constitutional choices. A Kantian philosopher would criticize the restriction of fundamental rights as violating human dignity. A utilitarian might support it if it genuinely maximized welfare. A Rawlsian would criticize it for violating equal basic liberties. The amendment was widely criticized as undermining constitutional protections of individual rights and was partially reversed by the 44th Amendment.	The 42nd Amendment demonstrates how moral philosophy shapes constitutional design. It shows that constitutional choices reflect underlying moral commitments—whether to prioritize individual rights or collective welfare, whether to protect fundamental liberties or allow their restriction for social goals. Understanding the moral philosophy underlying constitutional choices helps you analyze whether the Constitution adequately protects justice and human dignity. The amendment's reversal reflects a reassertion of Kantian and Rawlsian principles—the idea that certain rights are fundamental and cannot be sacrificed even for important social goals.
44th Amendment (1978)	1978	The 44th Amendment, passed after the Emergency, restored some fundamental rights that had been restricted by the 42nd Amendment. It removed 'socialist' from the Preamble (though the Supreme Court later held that socialism is part of the basic structure), restored the right to property as a constitutional right (though not a fundamental right), and restored the right to freedom of movement. This amendment reflects a reassertion of Kantian and Rawlsian principles—the idea that individual rights and freedoms are fundamental and cannot be sacrificed even for collective welfare. The amendment demonstrates how moral philosophy shapes constitutional development: the recognition that the Emergency had violated fundamental principles of justice led to constitutional reform to restore protections for individual rights.	The 44th Amendment demonstrates the importance of protecting fundamental rights and freedoms. It shows that constitutional protections of individual rights are essential for justice and human dignity. The amendment's restoration of rights reflects the moral principle that certain rights are inviolable and cannot be sacrificed for collective benefit. Understanding this amendment helps you analyze the tension between individual rights and collective welfare and recognize why constitutional protections of fundamental rights are important.