42nd Constitutional Amendment Act 1976: The Mini-Constitution of India, Key Provisions, and Implications

The 42nd Constitutional Amendment Act, 1976, stands as the most comprehensive and far-reaching amendment in the history of the Indian Constitution. Enacted during the National Emergency under the leadership of Prime Minister Indira Gandhi, its scope was so vast that it earned the sobriquet “Mini-Constitution.” This legislative milestone fundamentally altered the character of the Indian state, rebalanced the relationship between the Judiciary and the Parliament, and introduced several foundational concepts that continue to define Indian polity.

Introduction to the 42nd Amendment Act

The Constitution (Forty-second Amendment) Act, 1976, was implemented to bring about systematic changes in the governance of India. The primary objectives included:

1. Reducing the power of the Supreme Court and the High Courts to challenge the legislative authority of the Parliament.
2. Establishing a framework of Fundamental Duties to remind citizens of their social and national obligations.
3. Formally declaring India as a Socialist and Secular republic through the Preamble.

Major Changes to the Preamble

The 42nd Amendment remains the only time the Preamble of the Indian Constitution has been amended. These changes were not merely linguistic but redefined the ideological core of the nation.

1.  The description of India was changed from a “Sovereign Democratic Republic” to a “Sovereign Socialist Secular Democratic Republic.”
2. The phrase “unity of the Nation” was substituted with “unity and integrity of the Nation” to emphasize a cohesive federal structure.

Introduction of Fundamental Duties (Article 51A)

For the first time since independence, the Constitution explicitly listed the duties of its citizens. This was based on the recommendations of the Swaran Singh Committee, constituted by the government in 1976.

1. Part IV-A: A new part was added to the Constitution specifically for these duties.
2. Ten Original Duties: The amendment laid down 10 Fundamental Duties for citizens, ranging from respecting the National Flag to safeguarding public property and protecting the natural environment.

Changes in the 7th Schedule: Shift in Federal Balance

The amendment significantly impacted the distribution of powers between the Union and the States. Five subjects were transferred from the State List to the Concurrent List, granting the Central government the authority to legislate on them.

1. Education
2. Forests
3. Weights and Measures
4. Protection of Wild Animals and Birds
5. Administration of Justice (specifically the constitution and organization of all courts except the Supreme Court and the High Courts).

Impact on Parliament and the Executive

The 42nd Amendment sought to consolidate executive power and ensure that the Parliament’s legislative will was supreme.

1. Binding Advice of Cabinet: It made the President bound by the advice of the Council of Ministers (Cabinet), leaving no room for discretionary non-compliance.
2. Deployment of Central Forces: Under Article 257A, the Centre was empowered to deploy central armed forces in any State to manage “conflicting situations of law and order,” even without the explicit request of the State.
3. Discretionary Powers: Article 329A was utilized to grant special discretionary powers to the Speaker of the Lok Sabha and the Prime Minister regarding their election disputes.
4. Precedence of DPSPs: The amendment mandated that Directive Principles of State Policy (DPSPs) were given precedence over Fundamental Rights. Any law enacted to give effect to DPSPs was shielded from judicial review.

Judicial Restrictions and New Tribunals

One of the most controversial aspects was the curtailment of judicial oversight to ensure the “sovereignty” of the legislature.

1. High Court Powers: The amendment significantly curtailed the Judicial Review power of the High Courts, particularly their authority to judge the constitutional validity of central laws.
2. Part XIV-A (Tribunals): Two new articles, 323A and 323B, were introduced. These allowed for the creation of administrative tribunals to deal with service matters and other specialized tribunals for matters like taxation, foreign exchange, and labor, thereby bypassing traditional court proceedings.

Expansion of Directive Principles (DPSPs)

The amendment added three new Directive Principles and modified one existing principle to focus on social welfare and environmental conservation:

1. Healthy Development of Children (Article 39): Mandating the State to secure opportunities for the healthy development of youth.
2. Equal Justice and Free Legal Aid (Article 39A): Ensuring that the legal system promotes justice on a basis of equal opportunity and provides free legal services to the poor.
3. Workers’ Participation (Article 43A): Taking steps to ensure the participation of workers in the management of industrial undertakings.
4. Environment and Wildlife Protection (Article 48A): Directing the State to protect and improve the environment and safeguard the forests and wildlife of the country.

FAQs: 42nd Constitutional Amendment Act

WHICH AMENDMENT IS KNOWN AS THE MINI-CONSTITUTION OF INDIA?

The 42nd Constitutional Amendment Act, 1976, is known as the Mini-Constitution because of its extensive changes to the original document.

WHICH THREE WORDS WERE ADDED TO THE PREAMBLE BY THE 42ND AMENDMENT?

The words Socialist, Secular, and Integrity were added to the Preamble of the Indian Constitution in 1976.

ON WHOSE RECOMMENDATION WERE THE FUNDAMENTAL DUTIES ADDED?

The Fundamental Duties were added based on the recommendations of the Swaran Singh Committee.

HOW MANY FUNDAMENTAL DUTIES WERE ADDED BY THE 42ND AMENDMENT?

Originally, 10 Fundamental Duties were added under Article 51A. (The 11th was added later by the 86th Amendment).

WHICH SUBJECTS WERE MOVED TO THE CONCURRENT LIST BY THIS AMENDMENT?

Five subjects were moved: Education, Forests, Weights & Measures, Protection of Wild Animals and Birds, and Administration of Justice.

DID THE 42ND AMENDMENT MAKE THE PRESIDENT BOUND BY CABINET ADVICE?

Yes, it made the President of India bound by the advice of the Council of Ministers (Cabinet).

WHAT NEW DPSPS WERE ADDED TO THE CONSTITUTION?

New principles included Free Legal Aid (39A), Participation of Workers in Management (43A), and Protection of Environment (48A).

WHAT IS PART XIV-A OF THE CONSTITUTION?

Part XIV-A deals with Tribunals, including administrative tribunals (Article 323A) and tribunals for other matters (Article 323B).

HOW DID THE AMENDMENT AFFECT THE POWER OF THE HIGH COURTS?

It significantly curtailed the judicial review power of the High Courts, particularly in examining the validity of central laws.

WHICH ARTICLE ALLOWED THE CENTRE TO DEPLOY FORCES IN STATES?

Article 257A allowed the Centre to deploy central forces to deal with conflicting law and order situations in any State.