The 42 Amendment of Indian Constitution : Act 1976

India’s constitutional journey has a separate place for the 42 Amendment of Indian Constitution. This Amendment altered Indian law and politics. During the political unrest of the mid-1970s, authorities adopted it to maintain national sovereignty, integrity, and unity. The 42 Amendment of Indian Constitution introduced some changes in the Preamble. It added fundamental duties and moved powers between the central and state governments. This Amendment declared the Directive Principles of State Policy supreme over fundamental rights. The Preamble laid out goals to create a government with more power to act, reflecting values like equality and welfare for people and promoting things like representation and liberty for citizens.

Many find the 42 Amendment of Indian Constitution to be notable. It stands out for several reasons to historians, lawyers, and people interested in how India’s Constitution has changed. There’s a fascinating political history leading up to this Amendment. Understanding that background can help clarify why the Amendment created controversy and debate in the 1970s.

What is the 42 Amendment Act 1976?

In the mid-1970s, India was politically and socially unstable, prompting this modification. Before the 42 Amendment of the Indian Constitution 1976 happened, India was going through an uncertain period politically. The country faced a declared emergency state with growing concerns about national unity. To strengthen the central government and limit judicial oversight, they brought about this. These included changing the Preamble to reflect India as a socialist and secular country more clearly. Many perceived the 42nd Amendment Act as a move toward centralization and less freedom. In India’s constitutional history, people still consider this chapter controversial.

Why is the 42 Amendment of the Indian Constitution called the ‘Mini Constitution’

The Mini Constitution is another name for the 42nd Amendment to the Indian Constitution. During the Emergency in 1976, they put it into effect. It was among the most important Constitutional amendments. It altered a lot of significant things, such as:

Major Changes through the 42nd Amendment

Provisions	Modifications
Article 32A	refused the Supreme Court the authority to evaluate whether the State law was constitutional.
Article 131A	conferred exclusive authority on the Supreme Court to decide whether a central law is constitutional.
Article 144A	To determine whether a Central or State law is constitutional, the Supreme Court sets a minimum of seven judges. A two-thirds majority of the judges had to vote for the law to be declared unconstitutional. The authority of the High Court to grant writs “for any other purpose” was subject to some limitations.
Parliament	The State Legislative Assemblies and Lok Sabha had six-year terms.It made it possible for the Center to send troops into the state to handle disputes involving law and order (Article 257A). Special discretionary powers were granted to the Prime Minister and the Speaker of the Lok Sabha (Article 329A). The Parliament and state legislatures no longer required a quorum. The power to determine the rights and privileges of its members and committees was granted to the Parliament.
Executive	The terms of the Lok Sabha and State Legislative Assemblies were for six years. It enabled the Center to address conflicts about law and order by deploying troops into the state (Article 257A). The Speaker of the Lok Sabha and the Prime Minister each have special discretionary powers (Article 329A). A majority of members were no longer necessary for the state legislatures or the Parliament. The Parliament was given the authority to decide what the privileges and rights of its committees and members would be.
Judiciary	The judicial review authority of the High Courts was limited. enabled for the All-India Judicial Service to be established.
Federalism	Article 257A gave the Center the authority to use any Union armed force in any State to address a serious law and order issue.
Preamble	The Preamble was amended to include “Sovereign Socialist Secular Democratic Republic.”
Fundamental Rights	All Directive Principles took precedence over the Fundamental Rights mentioned in Articles 14, 19, or 31.
Directive Principles of State Policy	Fundamental Rights were subordinated to Directive Principles, and any laws passed by the Parliament in this regard were excluded from the Court’s judicial review. Article 39: To provide chances for kids to develop properly. Article 39A: To advance equitable justice and give the underprivileged free legal assistance.Article 43A: To take action to ensure that employees are involved in industry management.Article 48A: to preserve and enhance the natural environment, as well as to protect wildlife and forests.
Fundamental Duties	The government established the Swaran Singh Committee in 1976, and its recommendations are outlined in Article 51-A under Part IV-A, which outlines citizens’ Fundamental Duties. The 11th Fundamental Duty, which states that a parent or guardian must provide educational opportunities for their child or ward between the ages of six and fourteen, was added by the 86th Constitutional Amendment Act.
Emergency	Anywhere in the nation, the President could declare an emergency.
Seventh Schedule	The following categories were transferred from the State list to the Concurrent list: education, forests, conservation of wild animals and birds, weights and measures, administration of justice, constitution, and organization of all courts—with the exception of the Supreme Court and the High Courts.
Tribunals	Education, forests, conservation of wild animals and birds, weights and measures, administration of justice, constitution, and organization of all courts—apart from the Supreme Court and the High Courts—were among the categories that were moved from the State list to the Concurrent list.
Amended Article 102 (1)(a)	To disqualify offices vesting in Parliament rather than in State Legislatures, it seeks to provide that an individual will be disqualified if he holds any such profit-making office under the Government of India or the Government of any State as declared by Parliamentary law.

42nd Amendment gave Parliament more power

In 1976, the 42nd Amendment gave Parliament more power. At the time, some saw this as controversial. The Amendment added new principles and duties for citizens to follow in the Preamble section. But critics worried the changes could weaken India’s system of checks and balances in government that protect people’s rights and voices. The 43rd Amendment later removed most of the additions to the Preamble. Still, the period when the 42nd was in effect stands out as a significant time in India’s constitutional history.

Also Read:-

The 44th Amendment of the Indian Constitution: An Overview

The Parts of Indian Constitution: A Comprehensive Guide

Amendment in Indian Constitution: An Overview

Objectives of the 42 Amendment of Indian Constitution

India’s constitutional history has a special place for the  42nd Amendment of 1976. The government made several significant reforms and changes to consolidate its authority and promote secularism, social fairness, and economic equality. Key 42nd Amendment goals:

Strengthening the Centre:

The 42nd Amendment empowered the central government. In emergencies, it gave the central government additional influence over the states.

• Secularism: In the Indian Constitution’s preamble, the amendment included “secular”.
• Social Justice: The 42nd Amendment promoted social fairness by reserving seats for Scheduled Castes and Tribes in schools and government positions.
• Fundamental obligations: This amendment established citizen obligations.
• Constitutional Review: The 42nd Amendment barred the court from investigating Constitutional modifications that breached its framework.
• Emergency Powers: The Amendment expanded the President’s emergency powers. The President might proclaim a state of emergency for internal disturbances and threats to India’s security, giving the government more power during emergencies.
• Local Self-Government: It included a directive concept that supported village panchayats and granted them certain rights and duties.
• Change in the Nomenclature: The 42nd Amendment also renamed “Prime Minister” “Prime Minister of India,” emphasizing the office’s nationality.
• Change in the Nomenclature: It merged princely states into the Indian Republic and abolished privy purses and privileges.

Impact of the 42nd amendment act

The 42nd Amendment Act of 1976 stands as one of the most far-reaching amendments to the Indian Constitution. Its impact was significant and multifaceted:

• Centralization of Power: A hallmark of the 42nd Amendment was a shift in power dynamics. It strengthened the central government by:
  • Curtailing the power of state courts and legislatures.
  • Expanding the powers of the Parliament and the Prime Minister.
• Weakening Judicial Review: The amendment restricted the judiciary’s ability to challenge legislative actions. This raised concerns about a potential erosion of checks and balances within the Indian government.
• Expanded Executive Authority: The amendment extended the Prime Minister’s term in office by one year, further consolidating executive power.

Critics argued that these changes tilted the balance of power excessively in favor of the central government and the Prime Minister, potentially undermining the federal structure and democratic principles enshrined in the Constitution.

In contrast to other amendments that focused on specific aspects of the Constitution, the 42nd Amendment aimed for a more comprehensive reshaping of the power structure. However, its approach proved controversial, sparking debate about the appropriate balance between central authority and individual rights in India.

Relationship between the 44th Amendment Act and the 42nd Amendment Act?

The 44th Amendment Act of 1978 stands as a corrective measure to the controversial 42nd Amendment Act of 1976. Here’s how they are related:

• Reining in Unchecked Power: The 42nd Amendment had granted the government broad powers to amend the Constitution, raising concerns about its misuse. The 44th Amendment reversed this, restoring a more balanced approach.
• Right to Property Recategorized: The 42nd Amendment had elevated the Right to Property to the status of a Fundamental Right. The 44th Amendment recategorized it as a legal right, ensuring its protection while acknowledging limitations.
• Narrowing Emergency Grounds: The 44th Amendment tightened the definition of situations that could trigger a national emergency. It replaced the vague term “internal disturbances” with “armed rebellion,” making the use of emergency powers more specific.
• Restoring Judicial Power: The 44th Amendment restored the High Courts’ authority to issue writs beyond the realm of Fundamental Rights enforcement, a power curtailed by the 42nd Amendment.
• Safeguarding Secularism and Democracy: The 44th Amendment aimed to strengthen the secular and democratic character of the Constitution, potentially weakened by provisions of the 42nd Amendment.

42 amendment of Indian constitution for UPSC aspirants

Shaping the Nation:

• Duties & Rights: Introduced Fundamental Duties (Article 51A) for citizens and expanded Directive Principles (e.g., free legal aid) to guide state policy.

Judicial Review & Governance:

• Limited Review: Restricted judicial power to challenge laws (controversial).
• Extended Terms: Increased tenure of Parliament and state assemblies (impacts election cycles).
• Tribunals: Established bodies to handle public service disputes (streamlining justice).

Centralization of Power:

• Emergency Powers: Expanded President’s authority in emergencies.
• Concurrent List: Increased central control over key areas like education and environment.
• Legislative Supremacy: Established primacy of central laws in concurrent subjects.

Understanding this amendment’s provisions and the debates it sparked is crucial for UPSC aspirants.

Conclusion

The  42nd Amendment of the Indian Constitution was a response to mid-1970s political and social turbulence. The main factors were corruption, factionalism, and emergency. The Amendment centralized authority and strengthened secularism and socialism. It also established citizen obligations to solve these issues.

The 42nd Amendment Act majorly affected the Indian legal system as a whole. It restricted the judiciary’s ability to contest constitutional modifications and emphasized Parliament’s supremacy. It also set up special courts to settle administrative disputes. And it expanded what the government could do during emergencies. The Amendment aimed to promote local self-governance to increase fairness, like reserving school and government spots for marginalized populations. However, many saw the 42nd Amendment as controversial.

FAQs: 42 amendment of indian constitution