Model Answer
0 min readIntroduction
The Indian Constitution, adopted in 1950, initially prioritized civil and political rights. However, the socio-economic realities of India, marked by widespread poverty and inequality, necessitated a greater emphasis on socio-economic rights. The 42nd Constitutional Amendment Act, 1976, enacted during the Emergency, is often viewed as a pivotal moment in this shift. While controversial due to the circumstances of its passage, the amendment sought to explicitly incorporate the goals of economic and social democracy, previously largely confined to the DPSP, into the core constitutional structure, aiming for a more egalitarian society.
Background: Pre-Amendment Scenario
Prior to the 42nd Amendment, the Indian Constitution largely focused on fundamental rights, primarily civil and political. While the DPSP (Part IV) outlined goals of social and economic justice – such as equitable distribution of wealth, reducing income disparities, and providing adequate livelihood – these were non-justiciable, meaning they were not enforceable by courts. This created a perceived imbalance, with fundamental rights being legally protected while socio-economic rights remained aspirational. The prevailing socio-economic conditions, characterized by significant poverty and inequality, fueled demands for a constitutional framework that actively promoted social and economic justice.
Key Provisions of the 42nd Amendment & Socio-Economic Democracy
The 42nd Amendment introduced several provisions directly impacting the realization of economic and social democracy:
- Fundamental Duties (Article 51A): Introduced a set of duties for citizens, including promoting the common good, protecting public property, and striving towards excellence in all spheres of individual and collective activity. These duties indirectly reinforced the idea of social responsibility and collective action for economic progress.
- Directive Principles & Judicial Review: While not making DPSP directly enforceable, the amendment stated that laws made to implement DPSP would be immune from judicial review on the grounds of violating fundamental rights (Article 31C – later partially diluted by the Kesavananda Bharati case). This aimed to give greater legislative leeway to enact socio-economic reforms.
- State Control of Economy (Article 39(c) & 38(2)): Amended Article 39(c) to state that the state shall, in particular, direct its policy towards securing that citizens, men and women equally, have the right to an adequate means of livelihood, as well as amended Article 38(2) to promote the welfare of the people.
- Secularism (Preamble): The addition of the word "Secular" to the Preamble signaled a commitment to a state that treats all religions equally and does not discriminate based on religious beliefs, contributing to social harmony and inclusivity.
Impact and Analysis
The 42nd Amendment significantly altered the balance between fundamental rights and directive principles. It signaled a clear intent to prioritize socio-economic justice and state intervention in the economy. However, the amendment was also criticized for potentially undermining judicial review and concentrating power in the executive, particularly given its passage during the Emergency. The Kesavananda Bharati case (1973) established the ‘basic structure’ doctrine, limiting Parliament’s power to amend the Constitution in a way that alters its fundamental features, thereby partially curtailing the impact of Article 31C.
Despite the limitations imposed by the judiciary, the 42nd Amendment laid the groundwork for subsequent legislation aimed at poverty alleviation, land reforms, and social welfare programs. It reflected a growing consensus that constitutional guarantees of civil and political rights were insufficient without addressing the underlying socio-economic inequalities prevalent in Indian society.
| Provision | Impact on Socio-Economic Democracy |
|---|---|
| Fundamental Duties | Promoted social responsibility and collective action for economic progress. |
| Article 31C | Expanded legislative power to enact socio-economic reforms, though limited by judicial review. |
| Amendments to Articles 38 & 39 | Strengthened the state’s commitment to providing adequate livelihood and promoting welfare. |
Conclusion
The 42nd Amendment, while controversial in its context, undeniably aimed to make economic and social democracy more explicitly visible within the Indian constitutional framework. It represented a shift towards prioritizing socio-economic rights and state intervention to address inequalities. Although its full impact was tempered by judicial review, the amendment fundamentally altered the constitutional landscape, paving the way for future policies focused on social justice and inclusive growth. The ongoing debate surrounding the balance between fundamental rights and directive principles continues to shape India’s socio-economic development.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.