The 42nd Amendment Act, 1976: The Mini-Constitution and Its Lasting Impact on Indian Polity

The 42nd Amendment Act, 1976, stands as one of the most transformative and controversial changes in the history of the Indian Constitution. Introduced by the Indian National Congress, under the leadership of Prime Minister Indira Gandhi, the Amendment aimed to significantly alter the political and legal framework of India. Because of the extensive number of changes it brought to the Constitution, the 42nd Amendment is commonly referred to as the "Mini-Constitution."

For those preparing for the IAS Exam, the 42nd Amendment is a crucial topic that appears in both Prelims, Mains GS-II, and Political Science optional papers. Understanding the provisions introduced by this Amendment is essential for grasping the evolution of Indian polity and the subsequent 44th Amendment Act, 1978, which undid many of its changes.

What is the 42nd Amendment Act?

The 42nd Amendment, also known as The Constitution Act, 1976, was enacted during the Emergency period (1975-1977). At that time, the government sought to consolidate power, limit the authority of the judiciary, and reshape fundamental aspects of the Constitution. This Amendment introduced a host of changes that impacted the executive, judiciary, and legislative branches, as well as the Preamble and the Fundamental Duties of Indian citizens.

Key Changes Introduced by the 42nd Amendment Act

1. Attempt to Reduce the Power of the Judiciary

• One of the main objectives of the 42nd Amendment was to limit the power of the Supreme Court and the High Courts. The government wanted to reduce the courts' ability to review and challenge its actions, thus centralizing more power within the executive branch.

2. Fundamental Duties of Citizens

• For the first time in India's constitutional history, Fundamental Duties were introduced for citizens under Article 51A. The Swaran Singh Committee, constituted in 1976, recommended the inclusion of these duties. The duties included respecting the Constitution, promoting harmony, and safeguarding public property, among others.

3. Changes to the Preamble

• The Preamble of the Constitution was also amended, with the words "Socialist," "Secular," and "Integrity" added to better reflect the socio-political goals of the government. The phrase "Sovereign Democratic Republic" was replaced with "Sovereign Socialist Secular Democratic Republic", and "unity of the Nation" was changed to "unity and integrity of the Nation."

4. Expansion of the Concurrent List (7th Schedule)

• Several subjects previously under the State List were transferred to the Concurrent List, allowing both the Central and State governments to legislate on these topics. The five subjects transferred were:
  • Education
  • Forests
  • Weights and Measures
  • Protection of Wild Animals and Birds
  • Administration of Justice

5. Directive Principles Given Precedence Over Fundamental Rights

• The Amendment emphasized that Directive Principles of State Policy (DPSPs) would take precedence over Fundamental Rights. This meant that any law implemented to give effect to the DPSPs could not be challenged in court for violating Fundamental Rights. This marked a significant shift in the balance between citizens' rights and the duties of the state.

6. New Directive Principles Added

• Three new Directive Principles of State Policy were introduced:
  • To ensure equal justice and provide free legal aid to the poor (Article 39A).
  • To promote the participation of workers in the management of industries (Article 43A).
  • To protect and improve the environment and safeguard forests and wildlife (Article 48A).

7. President Bound by Cabinet Advice

• The Amendment made it mandatory for the President of India to act according to the advice of the Council of Ministers, thus reducing the discretionary powers previously held by the President.

8. Central Government's Control over Law and Order

• The 42nd Amendment empowered the Central Government to deploy central forces in any State to deal with law and order issues, curtailing the autonomy of state governments in this regard.

9. Special Powers to the Speaker and Prime Minister

• Special discretionary powers were granted to the Speaker of the Lok Sabha and the Prime Minister through Article 329A. These changes further concentrated power within the central government, particularly in the office of the Prime Minister.

10. Tribunals Introduced in Part XIV-A

• The Amendment added Part XIV-A to the Constitution, introducing provisions for the establishment of Tribunals for administrative and other matters under Articles 323A and 323B. This was aimed at reducing the burden on the judiciary by creating specialized bodies to deal with specific types of cases.

Why is the 42nd Amendment Referred to as the "Mini-Constitution"?

The 42nd Amendment earned the nickname "Mini-Constitution" due to the sheer number of changes it introduced, which impacted almost every aspect of governance in India. It sought to alter the basic structure of the Constitution, affecting the judiciary, legislature, and executive, as well as the rights of citizens. The following changes make it deserving of this title:

• Amendment of the Preamble, adding key words like Socialist, Secular, and Integrity.
• Transfer of powers between the Central and State governments.
• Introduction of Fundamental Duties and emphasis on Directive Principles.
• Reduction in the powers of the judiciary and increased authority for the executive.

Relationship Between the 42nd and 44th Amendments

The 44th Amendment Act, 1978, was introduced to undo many of the changes brought by the 42nd Amendment. After the Emergency ended in 1977, and the Janata Party came to power, there was widespread consensus that many of the provisions of the 42nd Amendment had undermined the democratic ethos of the Indian Constitution. The 44th Amendment sought to restore judicial independence, limit executive overreach, and safeguard fundamental rights.

Key Changes Made by the 44th Amendment in Relation to the 42nd Amendment:

• Restoration of Judicial Powers: The 44th Amendment reversed the limitations imposed on the Supreme Court and High Courts, restoring their judicial review powers.
• Removal of Right to Property: The Right to Property, previously a Fundamental Right, was removed and made a legal right under Article 300-A.
• Emergency Provisions: The grounds for declaring a national emergency were revised. The term "internal disturbances" was replaced with "armed rebellion," ensuring that an emergency could not be declared for vague reasons.
• Judicial Review of Emergency Powers: The 44th Amendment ensured that courts retained the power to review decisions made during an Emergency.
• Protection of Fundamental Rights: The Amendment restored the balance between Fundamental Rights and Directive Principles, ensuring that citizens' rights could not be easily overridden by laws made to implement DPSPs.
• Ministerial Advice: The 44th Amendment reaffirmed that the President must act on the advice of the Council of Ministers, but also added checks to prevent misuse of emergency powers.

Impact and Significance of the 42nd Amendment for UPSC Aspirants

Understanding the 42nd Amendment is crucial for UPSC aspirants as it offers insights into the Constitutional framework, the balance of power between various organs of government, and the importance of safeguarding democracy. This Amendment also highlights how political developments can lead to significant constitutional changes. Aspirants should be familiar with the following aspects:

• Political context behind the introduction of the Amendment during the Emergency.
• The key provisions and changes introduced, particularly regarding the judiciary, Preamble, and Fundamental Duties.
• The impact of the Amendment on the functioning of the government and citizens' rights.
• The reversal of many of its provisions by the 44th Amendment.

Frequently Asked Questions on the 42nd Amendment Act

Q1. What are the three terms added to the Preamble through the 42nd Constitutional Amendment Act?

• The terms Socialist, Secular, and Integrity were added to the Preamble.

Q2. When was the 42nd Amendment enacted, and who led it?

• The 42nd Amendment Act was enacted in 1976 by the Indian National Congress, led by Indira Gandhi.

Q3. Why is the 42nd Amendment called the "Mini-Constitution"?

• It is referred to as the "Mini-Constitution" due to the large number of changes it introduced, altering the basic structure of the Indian Constitution.

Q4. What was the aim of the 42nd Amendment?

• The aim was to reduce the power of the Supreme Court and High Courts, and to establish Fundamental Duties for citizens.

Q5. Which case declared parts of the 42nd Amendment void?

• In the Minerva Mills Case (1980), the Supreme Court declared parts of the 42nd Amendment related to Article 368 null and void, reaffirming the Doctrine of Basic Structure.