Mains Practice Questions

Approach

• Write a brief Introduction about the 42nd Amendment Act, 1976 of the Indian constitution
• Mention different elements which have been added by this amendment in the Indian constitution.
• Write a conclusion.

Introduction

The 42^nd Amendment Act of 1976 was enacted during the Emergency period by the government of India. It is often referred to as the ‘Mini-Constitution’ because it made sweeping changes to the Constitution of India, affecting its basic structure, fundamental rights, and federal balance.

Body

Some of the key provisions and implications of the 42^nd Amendment Act:

• It amended the Preamble and added the words ‘socialist’, ‘secular’, and ‘integrity’ to describe the nature of the Indian Republic.
• It inserted a new Part IVA in the Constitution, which contained a list of ten Fundamental Duties for the citizens of India, such as respecting the Constitution, the national flag, and the national anthem, promoting harmony and the spirit of common brotherhood, safeguarding public property, and protecting the environment.
• It transferred five subjects from the State List to the Concurrent List, namely education, forests, protection of wild animals and birds, administration of justice, and weights and measures. This increased the legislative power of the Centre over the States.
• It expanded the power of Parliament to amend the Constitution and made it immune from judicial review. It also empowered the President to make laws during the proclamation of emergency without the consent of the States.
• It curtailed the power and independence of the Supreme Court and the High Courts by restricting their jurisdiction, increasing the age of retirement of judges, and allowing the transfer of judges without their consent.
• It gave primacy to the Directive Principles of State Policy over the Fundamental Rights and authorized the Parliament to restrict or abrogate any Fundamental Right.
• It changed the relationship between the executive and the legislature by extending the tenure of the Lok Sabha and the State Legislative Assemblies from five to six years, and by making the President and the Governors bound by the advice of the Council of Ministers.

Conclusion

The 42^nd Amendment Act was widely criticized as an attempt to establish a totalitarian and authoritarian regime in India. It was seen as a threat to the democratic and federal features of the Constitution. Many of its provisions were repealed or modified by the subsequent 43rd and 44th Amendment Acts in 1977 and 1978, respectively.