Introduction
The 42nd Amendment to 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 Indian constitutional history. Often referred to as the “mini-Constitution” due to its sweeping changes, this amendment sought to strengthen the central government’s powers, curtail the powers of the judiciary, and redefine fundamental principles within the Constitution. It introduced far-reaching modifications, including the addition of the terms “Socialist” and “Secular” to the Preamble, changes to the Directive Principles of State Policy, and limitations on judicial review, particularly concerning fundamental rights. Although intended to consolidate the power of the executive, the amendment spurred debates on its impact on the democratic fabric of India, leading to later amendments that partially rolled back some of its provisions.
Important Provisions
The 42nd Amendment to the Indian Constitution, also known as the Constitution (Forty-second Amendment) Act, 1976, introduced a variety of constitutional provisions, modifying multiple parts of the Constitution to extend the powers of the Parliament, reduce judicial review, and alter the federal structure. Here are the primary constitutional provisions introduced by this amendment:
1.Changes to the Preamble:
- The words “Socialist” and “Secular” were added to the Preamble, reinforcing India’s commitment to socialism and secularism.
- The term “Unity of the Nation” was replaced with “Unity and Integrity of the Nation.”
2. Incorporation of Fundamental Duties (Article 51A):
- A new Part IVA was introduced, adding ten Fundamental Duties for Indian citizens, including respecting national symbols, preserving heritage, and promoting harmony.
3. Enhancement of Directive Principles of State Policy:
- The amendment added Articles 39A, 43A, and 48A to the Directive Principles, addressing provisions for free legal aid, worker participation in industrial management, and protection of the environment, respectively.
4. Judicial Review Restrictions:
- Article 31C was modified to give precedence to Directive Principles over Fundamental Rights (Articles 14, 19, and 31), which restricted the courts from invalidating any law aimed at implementing the Directive Principles.
- Article 368 was modified to limit the judiciary’s power to review constitutional amendments, declaring that amendments could not be questioned in any court.
5. Changes to the Judiciary:
- Article 32, which guarantees the right to constitutional remedies, was modified to limit the ability to challenge the constitutionality of certain laws.
- The amendment also limited the powers of the High Courts and the Supreme Court in matters involving certain central laws.
6. Extension of Parliamentary and State Legislative Terms:
- The term of the Lok Sabha and State Legislative Assemblies was extended from five to six years (Article 172).
7. Centralization of Power:
- Articles 257A, 356, and 365 were amended to grant the central government more power over states, allowing intervention in cases of non-compliance with central laws and giving the President more authority in state governance.
8. Changes to Emergency Provisions:
- Article 352 was amended to expand the grounds for declaring a national emergency, allowing it for “internal disturbances” in addition to external aggression and war.
- The role of the President in declaring emergencies was made more dependent on the advice of the Council of Ministers.
9. Service Matters (Article 311):
- The amendment included changes to service conditions and dismissal procedures for government employees, restricting their protections and reducing judicial intervention in disciplinary actions.
10. Constitutional Amendments to Limit Judicial Authority on Certain Legislation:
- A new Article 300A was introduced to replace Article 31, removing the right to property from the list of Fundamental Rights and placing it under the category of legal rights.
The 42nd Amendment made comprehensive and far-reaching changes, often seen as consolidating power in the executive branch and curbing judicial independence. However, in response to criticism, the 44th Amendment Act, 1978, later reversed or modified several of these provisions.