The 42 Amendment of Indian Constitution: Shaping India's Future

January 2, 2025
42 amendment of indian constitution
Quick Summary

Quick Summary

  • The 42nd Amendment of the Indian Constitution, enacted in 1976, is one of the most significant amendments, often called the “Mini-Constitution” due to the extensive changes it brought.
  • It aimed to strengthen central power, adding words like “Socialist,” “Secular,” and “Integrity” to the Preamble. The amendment expanded the Directive Principles and Fundamental Duties while restricting the judiciary’s power of judicial review.
  • It also transferred several subjects from state to central jurisdiction, marking a major shift in India’s constitutional structure.

Table of Contents

Preamble before 42nd Amendment

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 42nd 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 42nd 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 42nd 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.

Historical Context and Background

The 42nd Amendment of the Indian Constitution (1976) was a landmark change in India’s constitutional history. It was enacted during the period of Emergency (1975–1977) under the leadership of Prime Minister Indira Gandhi. The amendment sought to make sweeping changes to the Constitution, consolidating power in the central government and altering the balance of power between the executive, judiciary, and legislature. Here’s the historical context and background: 

1. The Emergency (1975–1977): 

  • The 42nd Amendment was passed during the period of the Emergency declared by Indira Gandhi in 1975. The Emergency was imposed due to political instability, social unrest, and challenges to Indira Gandhi’s leadership, particularly after the Allahabad High Court’s verdict in June 1975 that declared her election to the office of Prime Minister invalid. 
  • The Emergency gave the Prime Minister sweeping powers to rule by decree, suspend civil liberties, and curtail judicial scrutiny. It was during this period that the 42nd Amendment was introduced, significantly changing the Indian Constitution. 

2. Political Background: 

  • Indira Gandhi’s government faced growing opposition from various quarters, including political parties, the media, and civil society. She aimed to centralize control and reduce the influence of opposition forces, particularly the judiciary, which had been critical of her government. 
  • The amendment was a response to the challenges faced by the government during the period, as well as a reflection of the desire to ensure greater control over the political and judicial system. 

3. Key Objectives of the Amendment: 

  • The primary motivation behind the 42nd Amendment was to strengthen the central government and diminish the influence of states. It aimed at curbing the powers of the judiciary, particularly the Supreme Court, which had struck down some government actions. 
  • The amendment sought to redefine the balance of power between the executive, legislature, and judiciary, consolidating more power in the hands of the Prime Minister and the central government

4. Key Changes Introduced: 

  • Secular and Socialist Ideals: The Preamble of the Indian Constitution was amended to include the words “socialist” and “secular”, reflecting the government’s commitment to a socialist state and secularism. 
  • Directive Principles of State Policy: The amendment gave precedence to the Directive Principles of State Policy over fundamental rights, further strengthening the role of the state in guiding socio-economic development. 
  • Limiting Judicial Review: The amendment curbed the judiciary’s power of judicial review, particularly concerning laws passed by the legislature, thus limiting the role of the courts in scrutinizing laws and government actions. 
  • Strengthening Central Power: The amendment granted more powers to the central government, reducing the powers of the states in several key areas. 
  • Curbs on Fundamental Rights: The amendment also placed limitations on fundamental rights and made it more difficult for citizens to challenge laws under the Constitution. 

5. Controversy and Criticism: 

  • The 42nd Amendment was highly controversial, with many critics arguing that it undermined the democratic structure of the Constitution and concentrated too much power in the hands of the executive. 
  • The opposition parties and activists condemned the amendment, claiming it was an attempt by the government to subvert democracy and establish an authoritarian regime. 

6. Post-Emergency Reversal: 

  • After the Emergency ended in 1977, the Janata Party government came to power, and many provisions of the 42nd Amendment were seen as undemocratic. 
  • The 43rd and 44th Amendments (1977–1978) were introduced to reverse some of the key provisions of the 42nd Amendment. For example, the 44th Amendment restored the power of judicial review and reestablished the protection of fundamental rights
  • Despite this, the 42nd Amendment left a lasting impact on the Indian Constitution, and some of its provisions, like the inclusion of “socialist” and “secular” in the Preamble, remain in effect. 

Conclusion: 

The 42nd Amendment of the Indian Constitution was a significant moment in Indian constitutional history. It sought to strengthen central authority, curb judicial review, and promote socialist and secular principles. While it was controversial and largely reversed in the post-Emergency period, the amendment’s influence on India’s constitutional framework and its political landscape remains significant.

Key Features of 42nd Amendment of Indian Constitution

The 42nd Amendment of the Indian Constitution, enacted in 1976 during the Emergency period under Prime Minister Indira Gandhi, is one of the most significant and controversial amendments in India’s constitutional history. It made sweeping changes to the Constitution, particularly in the areas of the balance of power between the legislature, executive, and judiciary. Here are the key features of the 42nd Amendment: 

1. Changes to the Preamble: 

  • Socialist and Secular: The amendment introduced the words “socialist” and “secular” into the Preamble of the Indian Constitution. This emphasized India’s commitment to a socialist economic system and a secular state that treats all religions equally. 
  • Democratic Republic: The words “democratic” and “republic” were retained, strengthening India’s commitment to democracy and republican governance. 

2. Primacy of Directive Principles: 

  • The Directive Principles of State Policy were given more importance by the amendment. The amendment made it clear that the Directive Principles would have precedence over Fundamental Rights in case of conflict, altering the balance between the two. 
  • This shift was intended to allow the state to focus on economic and social development, even at the cost of curtailing certain individual rights. 

3. Changes to Fundamental Rights: 

  • The 42nd Amendment placed certain limitations on Fundamental Rights, particularly Article 31, which previously guaranteed the right to property. The amendment curtailed the right to property by making it a legal right instead of a fundamental one. 
  • The right to property was later restored as a fundamental right by the 44th Amendment in 1978. 

4. Reduction of Judicial Review: 

  • The amendment curtailed the power of judicial review by the Supreme Court and High Courts. It attempted to limit the scope of judicial intervention in laws passed by the legislature, making it more difficult for the courts to strike down laws, even if they violated Fundamental Rights. 
  • This was seen as an effort to reduce the influence of the judiciary and strengthen the government’s authority. 

5. Strengthening Central Authority: 

  • The amendment increased the power of the central government, reducing the autonomy of the states. It allowed the center to have more control over state matters, particularly in areas of law and order. 
  • The amendment also empowered the Union Government to intervene more directly in state affairs, thus centralizing power. 

6. Changes in the Composition of the Parliament: 

  • The amendment made changes to the composition of the Lok Sabha and Rajya Sabha. The minimum age for Lok Sabha members was reduced from 25 to 21. 
  • It also made the Rajya Sabha less representative of the states by changing the process of election to the Rajya Sabha. 

7. Provisions on Fundamental Duties: 

  • The 42nd Amendment introduced the concept of Fundamental Duties (under Article 51A) for citizens, which listed specific duties citizens must adhere to, such as respecting the Constitution, the National Flag, and the National Anthem. 
  • This was a significant addition, as it created a sense of responsibility for citizens in addition to their rights. 

8. Curbs on the Power of the Judiciary: 

  • The amendment restricted the power of the judiciary to review laws passed by Parliament. It also reduced the scope of judicial review of constitutional amendments. 
  • This was perceived as a direct attempt to diminish the role of the judiciary in protecting individual rights and preventing the abuse of power by the legislature and executive. 

9. Duration of Emergency: 

  • The 42nd Amendment made it easier for the central government to declare a state of Emergency. It extended the duration of the Proclamation of Emergency from six months to one year without the need for Parliament’s approval. 
  • It also reduced the scope of judicial review of emergency powers, making it more difficult for the courts to intervene during emergencies. 

10. Change in the Term of the Lok Sabha: 

  • The amendment changed the term of the Lok Sabha (House of the People) from five years to six years, though this provision was later reversed by the 44th Amendment. 

11. Other Provisions: 

  • The amendment also brought changes in the structure and functioning of the Election Commission and imposed restrictions on the freedom of the press. It allowed the government to exercise more control over media and public discourse. 
  • It introduced provisions regarding the allocation of resources between the central and state governments, which further strengthened the center’s powers. 

12. Reversal and Subsequent Amendments: 

  • After the Emergency ended and the Janata Party came to power in 1977, the 43rd and 44th Amendments were introduced, which reversed many provisions of the 42nd Amendment. 
  • Notably, the 44th Amendment restored the primacy of Fundamental Rights and reintroduced the right to property as a fundamental right.

Why is the 42 Amendment of 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

ProvisionsModifications
Article 32Arefused the Supreme Court the authority to evaluate whether the State law was constitutional.
Article 131Aconferred exclusive authority on the Supreme Court to decide whether a central law is constitutional.
Article 144ATo 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.
ParliamentThe 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.
ExecutiveThe 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.
JudiciaryThe judicial review authority of the High Courts was limited. enabled for the All-India Judicial Service to be established.
FederalismArticle 257A gave the Center the authority to use any Union armed force in any State to address a serious law and order issue.
PreambleThe Preamble was amended to include “Sovereign Socialist Secular Democratic Republic.”
Fundamental RightsAll 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 DutiesThe 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.
EmergencyAnywhere in the nation, the President could declare an emergency.
Seventh ScheduleThe 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.
TribunalsEducation, 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.

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Objectives of the 42nd Amendment of Indian Constitution

Prime Minister Indira Gandhi

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.

42nd 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: 42nd amendment of Indian constitution

Why was the 42nd Amendment passed?

During the Emergency, the Centre passed the 42nd Amendment Act to grant more power to itself. It sought to strengthen the government and minimize judicial oversight.

Did the provisions of the 42nd Amendment Act remain permanent, or did they eventually revise them?

Many 42nd Amendment Act provisions were studied and revised. The 43rd and 44th Amendments Act of 1978 removed several problematic provisions from it. This aimed to restore fundamental liberties and the center-state balance.

What significant changes did the 42nd Amendment Act make?

The 42nd Amendment Act changed the Preamble to stress India’s socialist and secular nature. It also restricted fundamental liberties. However, this Amendment increased executive power over the courts and state governments.

How did the 42nd Amendment affect Indian politics?

This amendment significantly boosted central government authority and weakened state governments.

What three new words added in the 42nd Amendment of the Indian Constitution?

The 42nd Constitutional Amendment Act (1976) amended the Preamble, incorporating the words socialist, secular, and integrity.

How did the 42nd Constitutional Amendment Act impact the power of the Indian president?

The 42nd Constitutional Amendment Act reduced the president’s powers by making them bound to the advice of the cabinet and empowered the central government to deploy forces in states during law and order crises.

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