Mains Practice Questions

Introduction

The 42^nd Amendment Act of 1976, a significant constitutional amendment, was enacted during the Emergency period. It aimed to centralize power, reduce judicial oversight, and introduce several changes to the Indian Constitution. This amendment, often referred to as a "mini-constitution," had a profound impact on India's political landscape.

Body

Key Changes Introduced by the 42^nd Amendment:

• Centralization of Power:
  • Strengthened Directive Principles (DPSPs): Made DPSPs superior to Fundamental Rights in cases of conflict.
  • Restriction on Judiciary: Amendments to Articles 32, 131, 226, and 368 curtailed the authority of the Supreme Court and High Courts to examine the constitutionality of laws, thereby limiting judicial involvement in legislative affairs.
  • Increased Power of the Central Government: It moved key subjects from the State List to the Concurrent List like Education, Forests, Protection of Wild Animals and Birds, and Weights and Measures.
• Strengthening the Role of Parliament:
  • Extended Tenure of Parliament and State Legislatures:
    • Increased the tenure from 5 years to 6 years.
    • Example: The Fifth Lok Sabha (1971-77) benefited from this provision.
  • Protection of Certain Laws from Judicial Review:
    • Added Article 31C, ensuring laws made to implement certain DPSPs could not be challenged for violating Fundamental Rights.
• Introduction of Fundamental Duties: Added Part IVA (Article 51A) to the Constitution, introducing 10 Fundamental Duties for citizens.
• Preamble Amendments: Added the terms “Socialist,” “Secular,” and “Integrity” to the Preamble.
• Institutional Changes: It led to the formation of Administrative Tribunals to address service disputes outside regular courts.

Impact on Constitutional Framework:

• Positive:
  • Recognition of Fundamental Duties: The introduction of Fundamental Duties fostered a sense of responsibility among citizens, complementing their rights.
  • Preamble Enrichment: Adding "Socialist," "Secular," and "Integrity" strengthened the constitutional vision of an inclusive, equitable, and united India.
  • Administrative Efficiency: Creation of Administrative Tribunals helped reduce the burden on regular courts, promoting faster resolution of service disputes.
• Negative:
  • Transformation of Federalism: Shifted India towards a unitary bias by reducing the autonomy of states.
    • Central dominance over state subjects like education weakened cooperative federalism.
  • Weakening of Fundamental Rights: Judicial independence and the role of Fundamental Rights were diluted.
    • Kesavananda Bharati case (1973) was overridden in part, until restored by later amendments.
  • Enhanced Role of Directive Principles: Laws like Urban Land Ceiling Act (1976) were given protection under Article 31C.

Conclusion

The 42^nd Amendment, while ambitious in scope, faced significant backlash for undermining the democratic and federal ethos of the Constitution. Although some provisions like Fundamental Duties and the emphasis on a welfare state remain impactful, the subsequent 44^th Amendment restored the balance.