Introduction
Enacted during the Internal Emergency of 1975-77 on the recommendations of the Swaran Singh Committee, the 42nd Constitutional Amendment Act (1976) is widely described as a 'revision' or 'Mini-Constitution'. It effected sweeping and comprehensive modifications across the Preamble, Fundamental Rights, Directive Principles, and institutional checks and balances, fundamentally altering the relationship between Parliament, the Executive, and the Judiciary.
Subverting the Basic Structure and Judicial Review
- Immunising Amendments: It inserted clauses (4) and (5) into Article 368, declaring that no constitutional amendment could be questioned in any court on any ground, thereby attempting to bypass the doctrine of 'Basic Structure' laid down in Kesavananda Bharati (1973).
- Curbs on Writ Jurisdiction: It curtailed the judicial review powers of the High Courts under Article 226 and sought to restrict the Supreme Court's jurisdiction over constitutional validity of laws.
Expansion of Executive Dominance
- Binding Nature of Advice: It amended Article 74(1) to make the advice of the Council of Ministers explicitly binding upon the President of India.
- Extension of Legislative Tenures: It extended the terms of both the Lok Sabha and the State Legislative Assemblies from five to six years.
Primacy of Directive Principles over Fundamental Rights
- Expansion of Article 31C: The scope of Article 31C was radically enlarged to give precedence to all Directive Principles of State Policy (DPSPs) over Fundamental Rights under Articles 14, 19, and 31.
- New Directive Principles: It incorporated critical socialist and environmental provisions, notably Article 39A (Equal justice and free legal aid), Article 43A (Workers' participation in management), and Article 48A (Protection and improvement of environment and forests).
Major Institutional and Textual Overhaul
- Preamble Alteration: For the first time, the Preamble was amended to add the words "Socialist, Secular, and Integrity" to the sovereign democratic republic framework.
- New Constitutional Parts: It introduced entire new frameworks, including Part IV-A (Article 51A) prescribing Fundamental Duties, and Part XIV-A (Articles 323A and 323B) setting up administrative and other specialized tribunals.
Judicial Correction and Counterbalance
In the landmark Minerva Mills v. Union of India (1980) case, the Supreme Court struck down the unlimited amending power in Article 368(4) and (5) as well as the blanket primacy of DPSPs in Article 31C, holding that an absolute tilt destroys the harmony between Fundamental Rights and Directive Principles, which constitutes an essential feature of the Basic Structure.
Conclusion
Although the 44th Constitutional Amendment Act (1978) neutralized most of its authoritarian distortions, the 42nd Amendment remains the most extensive structural overhaul in Indian constitutional history. Its positive legacies—such as environmental protection (Article 48A), administrative tribunals, and Fundamental Duties—continue to shape modern Indian governance.