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BPSC MainsGeneral Studies Paper IConstitutionPractice question

Main Features of the 42nd Constitutional Amendment Act

Briefly describe the main features of the 42nd Constitutional Amendment Act, 1976.

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Introduce the 42nd Constitutional Amendment Act, 1976, highlighting its context and moniker as the 'Mini-Constitution'. Enumerate its primary features covering changes to the Preamble, Fundamental Duties, DPSPs, federal relations, executive powers, and the judiciary. Conclude by evaluating its lasting legacy and subsequent restoration of constitutional balance by the 44th Amendment and the judiciary.

Model answer

292 words

Introduction

Enacted during the 1975-1977 National Emergency, the 42nd Constitutional Amendment Act, 1976, is often termed the 'Mini-Constitution' due to the unprecedented scale of changes it introduced. Based primarily on the recommendations of the Swaran Singh Committee, it systematically amended multiple parts of the Indian Constitution, restructuring the balance of power among the legislature, executive, and judiciary.

Key Features of the 42nd Constitutional Amendment Act, 1976

  • Preamble Alteration: Added three new words—'Socialist', 'Secular', and 'Integrity'—to the Preamble, reinforcing India's socio-economic and secular commitments.
  • Incorporation of Fundamental Duties: Inserted a new Part IVA containing Article 51A, which introduced ten civic and moral duties for Indian citizens to promote national unity and discipline.
  • Expansion of Directive Principles (DPSPs): Added Article 39A (equal justice and free legal aid), Article 43A (participation of workers in the management of industries), and Article 48A (protection and improvement of environment, forests, and wild life).
  • Parliamentary Supremacy and Executive Power: Made the advice of the Union Cabinet explicitly binding on the President under Article 74. It also attempted to curtail judicial review by immunizing constitutional amendments from judicial scrutiny.
  • Emergency Provisions: Allowed the proclamation of a National Emergency in specific regions of India rather than the entire country, and extended the initial duration of President's Rule from six months to one year.
  • Federal Realignment: Shifted five subjects from the State List to the Concurrent List: education, forests, weights and measures, protection of wild animals and birds, and administration of justice (constitution and organisation of subordinate courts).

Conclusion

While widely criticized for curtailing judicial review and weakening federalism—excesses that were subsequently corrected by the 44th Constitutional Amendment Act, 1978, and the Minerva Mills case (1980)—enduring additions like Fundamental Duties, secularism in the Preamble, and environmental protection directives remain integral to modern Indian constitutionalism.

Key facts to remember

definition
Mini-Constitution

A popular moniker for the 42nd Constitutional Amendment Act, 1976, given because it brought about the most comprehensive and extensive amendments to the Indian Constitution in history.

scheme
Swaran Singh Committee (1976)

A committee appointed by the Union Government to study and recommend constitutional amendments, which notably proposed the inclusion of Fundamental Duties and changes to the Preamble.

case study
Minerva Mills v. Union of India (1980)

The Supreme Court struck down provisions of the 42nd Amendment that gave supremacy to all DPSPs over Fundamental Rights and barred judicial review of constitutional amendments, holding judicial review to be part of the basic structure.

Frequently asked questions

Which subjects were shifted to the Concurrent List by the 42nd Amendment?

Five subjects were moved from the State List to the Concurrent List: Education, Forests, Weights and Measures, Protection of Wild Animals and Birds, and Administration of Justice (subordinate courts).

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