42nd Amendment of Indian Constitution – Mini Constitution

Table of Contents

1.     Introduction

2.     Why 42nd Amendment is Called Mini-Constitution?

3.     Provisions in 42nd Amendment Act

4.     Importance of 42nd Amendment of Indian Constitution

5.     44th Amendment Act and 42nd Amendment of Indian Constitution

6.     Relevant Articles, Landmark Judgements, and Statutory Laws

7.     Key Points

8.     MCQs for UPSC Exam Preparation

9.     FAQs on 42nd Amendment of Indian Constitution

 

 

Introduction

The 42nd Amendment Act, 1976, also known as the Constitution Act, 1976, was passed by the Indian National Congress led by Prime Minister Indira Gandhi. It is often referred to as the "Mini-Constitution" due to the extensive changes it brought to the Indian Constitution. The amendment aimed to curtail the powers of the judiciary, strengthen the central government's control, and introduce fundamental duties for citizens, among other changes.

 

 

Why 42nd Amendment is Called Mini-Constitution?

The 42nd Amendment is called the Mini-Constitution because it attempted to alter several fundamental aspects of the Indian Constitution. It introduced significant changes in the Preamble, Seventh Schedule, Fundamental Duties, Directive Principles of State Policy (DPSP), Parliament, and Judiciary. The amendment aimed to strengthen the central government, restrict the judiciary's powers, and integrate new principles and duties.

 

 

Key Changes by the 42nd Amendment:

1.     Preamble: Added three new words - "Socialist", "Secular", and "Integrity".

2.     Seventh Schedule: Transferred five subjects from the State List to the Concurrent List.

3.     Fundamental Duties: Introduced Article 51A, which lists ten fundamental duties for citizens.

4.     Directive Principles of State Policy: Added new DPSPs to promote children's development, provide free legal aid, ensure worker participation, and protect the environment.

5.     Parliament: Extended the term of Lok Sabha and state legislatures, and made the President bound by the Cabinet's advice.

6.     Judiciary: Limited the judicial review powers of High Courts.

7.     Part XIV-A: Added Articles 323A and 323B, providing for administrative tribunals and tribunals for other matters.

 

 

Provisions in 42nd Amendment Act

Preamble

• Added the words "Socialist", "Secular", and "Integrity" to emphasize social equality, religious freedom, and national unity.

 

Directive Principles of State Policy (DPSP)

• Article 39: Added provisions for children's healthy development.
• Article 39A: Added to promote equal justice and provide free legal aid to the poor.
• Article 43A: Added to ensure worker participation in industrial management.
• Article 48A: Added to protect and improve the environment and safeguard forests and wildlife.

 

Concurrent List under VII Schedule

• Transferred five subjects from the State List to the Concurrent List:
• Education
• Forests
• Weights and Measures
• Protection of Wild Animals and Birds
• Administration of Justice

 

Fundamental Duties

• Introduced Article 51A, listing ten fundamental duties for citizens.

 

Judiciary

• Limited the judicial review powers of High Courts.
• Established the All-India Judicial Service.
• Added Part XIV-A (Articles 323A and 323B), providing for the establishment of administrative tribunals and other tribunals

 

 

Importance of 42nd Amendment of Indian Constitution

The 42nd Amendment significantly impacted the Indian political and judicial landscape. It sought to strengthen the central government's control and limit the judiciary's powers, leading to widespread criticism and opposition. The amendment also introduced fundamental duties for citizens, emphasizing their role in nation-building. The changes made by the 42nd Amendment were largely seen as an attempt to centralize power and suppress dissent.

 

 

44th Amendment Act and 42nd Amendment of Indian Constitution

The 44th Amendment Act, 1978, was introduced to counter the changes made by the 42nd Amendment. It aimed to restore the balance of power between the judiciary and the executive and protect civil liberties. Key changes made by the 44th Amendment include:

• Restored the judiciary's powers of judicial review.
• Amended emergency provisions to prevent misuse.
• Removed the Right to Property from the list of fundamental rights and made it a legal right.

 

 

Relevant Articles, Landmark Judgements, and Statutory Laws

Articles Amended

• Article 31C: Extended the scope of the Directive Principles over Fundamental Rights.
• Article 368: Restricted the power of judicial review over constitutional amendments.
• Article 74: Made the President bound by the advice of the Council of Ministers.

 

Landmark Judgements

• Minerva Mills Ltd. v. Union of India (1980): The Supreme Court held that the 42nd Amendment violated the basic structure doctrine by curtailing judicial review and the balance of power.
• Kesavananda Bharati v. State of Kerala (1973): Established the basic structure doctrine, which the 42nd Amendment sought to alter.

 

Statutory Laws

• The Constitution (Forty-second Amendment) Act, 1976
• The Constitution (Forty-fourth Amendment) Act, 1978

 

 

Key Points

• Significance: Known as the "Mini-Constitution" due to its extensive changes.
• Objective: Strengthen the central government, limit judicial powers, and introduce fundamental duties.
• Impact: Led to widespread opposition and subsequent reversal of many provisions by the 44th Amendment.
• Criticism: Seen as an attempt to centralize power and suppress dissent.

 

 

MCQs for UPSC Exam Preparation

1.     Which of the following words were added to the Preamble by the 42nd Amendment Act?

(a) Sovereign, Democratic, Republic

(b) Socialist, Secular, Integrity

(c) Liberty, Equality, Fraternity

(d) Unity, Integrity, Freedom

 

Answer: (b) Socialist, Secular, Integrity

 

2.     Which article was introduced by the 42nd Amendment to list Fundamental Duties?

(a) Article 39A

(b) Article 51A

(c) Article 48A

(d) Article 43A

 

Answer: (b) Article 51A

 

3.     Which of the following subjects was transferred from the State List to the Concurrent List by the 42nd Amendment?

(a) Agriculture

(b) Police

(c) Education

(d) Public Health

 

Answer: (c) Education

 

4.     Which of the following amendments is also known as the "Mini-Constitution"?

(a) 73rd Amendment

(b) 42nd Amendment

(c) 44th Amendment

(d) 86th Amendment

 

Answer: (b) 42nd Amendment

 

5.     What was one of the major changes introduced by the 42nd Amendment Act?

(a) Introduction of the Right to Property as a fundamental right

(b) Limitation of High Courts' judicial review powers

(c) Introduction of the Panchayati Raj system

(d) Abolition of the legislative councils in states

 

Answer: (b) Limitation of High Courts' judicial review powers

 

6.     Which amendment act was introduced to counter the changes made by the 42nd Amendment Act?

(a) 73rd Amendment Act

(b) 86th Amendment Act

(c) 44th Amendment Act

(d) 52nd Amendment Act

 

Answer: (c) 44th Amendment Act

 

7.     Who was the Prime Minister when the 42nd Amendment Act was passed?

(a) Jawaharlal Nehru

(b) Indira Gandhi

(c) Rajiv Gandhi

(d) Morarji Desai

 

Answer: (b) Indira Gandhi

 

8.     Which committee's recommendations were the basis for adding Fundamental Duties in the Constitution?

(a) Sarkaria Committee

(b) Swaran Singh Committee

(c) Balwant Rai Mehta Committee

(d) Ashok Mehta Committee

 

Answer: (b) Swaran Singh Committee

 

9.     Which article of the Indian Constitution provides for free legal aid to the poor?

(a) Article 39A

(b) Article 43A

(c) Article 48A

(d) Article 51A

 

Answer: (a) Article 39A

 

10.                        The term 'Socialist' was added to the Preamble by which amendment act?

(a) 73rd Amendment Act

(b) 42nd Amendment Act

(c) 44th Amendment Act

(d) 86th Amendment Act

 

Answer: (b) 42nd Amendment Act

 

 

FAQs on 42nd Amendment of Indian Constitution

Why is the 42nd Amendment Act 1976 called the Mini Constitution?

Because of the extensive amendments made to various parts of the Constitution, including the Preamble, Fundamental Duties, and the powers of the judiciary, the 42nd Amendment Act is often referred to as the "Mini-Constitution."

 

In which year did the 42nd amendment take place?

The 42nd Amendment was enacted in 1976 during the Emergency period (1975-1977).

 

What words were added to the preamble through the 42nd amendment?

The words "Socialist", "Secular", and "Integrity" were added to the Preamble by the 42nd Amendment.

 

Why was the 42nd Amendment Act 1976 criticized?

The 42nd Amendment Act was criticized for attempting to curtail the powers of the judiciary, transferring more power to the central government, and restricting civil liberties.

 

By which constitutional amendment did the term 'cabinet' find its place for the first time in the Indian Constitution?

The 44th Constitutional Amendment Act emphasized the importance of the Cabinet by requiring the President to act on the advice of the Council of Ministers.

 

Who was the PM when the 42nd Amendment Act 1976 was passed?

Indira Gandhi was the Prime Minister when the 42nd Amendment Act was passed.

 

Why were the changes in the 7th Schedule made by the 42nd Amendment Act 1976?

The changes in the 7th Schedule were made to transfer subjects like education, forestry, and protection of wildlife from the State List to the Concurrent List, giving the central government more control.

 

What are the aims of the 42nd Amendment Act 1976?

The aims were to decrease the power of the Supreme Court and High Courts and to impose fundamental duties on citizens.

 

What subjects were transferred from the state list to the concurrent list during the 42nd Amendment Act?

Subjects such as education, forests, weights and measures, protection of wild animals and birds, and the administration of justice were transferred from the State List to the Concurrent List.