42nd Amendment Act, 1976 – The Mini Constitution of India
Introduction
The 42nd Amendment Act, 1976, is one of the most significant amendments to the Indian Constitution. Often called the "Mini Constitution", it made major changes to the Preamble, Fundamental Rights, Directive Principles of State Policy (DPSP), and powers of the judiciary and executive.
It was passed during Prime Minister Indira Gandhi's Emergency (1975-77) to strengthen the government's authority and reduce the power of the judiciary. However, it also faced criticism for being too authoritative and restricting democratic freedoms.
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Background of the 42nd Amendment
✔ 1975 Emergency – Following the Allahabad High Court’s ruling declaring Indira Gandhi’s election invalid, the government imposed an Emergency under Article 352, suspending civil liberties.
✔ Need for the Amendment – The government wanted to make the executive more powerful, weaken judicial review, and strengthen socialist and secular policies.
✔ Date of Passage – The amendment was passed by Parliament in November 1976 and came into effect on January 3, 1977.
Key Changes in the 42nd Amendment Act
1. Changes in the Preamble
The 42nd Amendment added three new words to the Preamble of India:
➡️ "Socialist" – To emphasize economic equality and welfare policies.
➡️ "Secular" – To ensure religious neutrality by the state.
➡️ "Integrity" – To promote national unity.
📝 Original Preamble (1950): "Sovereign Democratic Republic"
📝 After 42nd Amendment (1976): "Sovereign Socialist Secular Democratic Republic"
2. Changes in Directive Principles of State Policy (DPSP)
The amendment made DPSPs superior to Fundamental Rights, making it harder for courts to strike down laws based on Fundamental Rights.
✔ Article 39 – Gave the state more power to implement socialist economic policies.
✔ Article 39A – Added the provision for free legal aid to weaker sections.
✔ Article 43A – Promoted worker participation in industries.
✔ Article 48A – Added provisions for environmental protection.
3. Weakening of Judiciary’s Powers
The amendment limited the power of judicial review and curbed the independence of the Supreme Court and High Courts.
✔ Article 32A – Restricted judicial review of laws under Fundamental Rights.
✔ Article 131A – Gave Parliament exclusive power to decide constitutional disputes.
✔ Article 226A – Reduced the power of High Courts to decide on constitutional matters.
4. Strengthening the Power of Parliament & Executive
✔ Article 368 (Amendment Procedure) – Made it harder for courts to challenge constitutional amendments.
✔ Increased Lok Sabha & State Assembly Tenure – The Lok Sabha and State Assemblies’ term was extended from 5 years to 6 years (later reversed by the 44th Amendment, 1978).
✔ Prevented Court Challenges to Elections – The election of President, Vice President, PM, and Speaker could no longer be challenged in court.
5. Changes in Fundamental Duties (New Part IV-A)
The 42nd Amendment introduced Fundamental Duties for citizens in Article 51A.
✔ Citizens must respect the Constitution, National Flag, and National Anthem.
✔ Must protect the environment and preserve heritage.
✔ Promote scientific temper and national unity.
Criticism of the 42nd Amendment
❌ Reduced Judiciary’s Power – Restricted judicial review and weakened fundamental rights.
❌ Increased Executive Control – Gave too much power to the Prime Minister and Parliament.
❌ Undemocratic & Authoritarian – Passed during Emergency, when opposition leaders were jailed.
❌ Weakened Federalism – Reduced the power of state governments.
44th Amendment Act, 1978 – Reversal of 42nd Amendment
After the Emergency ended in 1977, the Janata Party government under Morarji Desai reversed many provisions through the 44th Amendment Act, 1978:
✔ Restored the Lok Sabha & State Assembly term to 5 years.
✔ Reinstated judicial review and limited Parliament’s power to amend the Constitution.
✔ Restored fundamental rights and made Article 352 (Emergency provisions) stricter.
Conclusion
The 42nd Amendment Act, 1976, made sweeping changes to the Indian Constitution, increasing government power and limiting judicial review. While it aimed to strengthen socialism and secularism, it was heavily criticized for reducing democratic freedoms.
Many of its provisions were later reversed by the 44th Amendment (1978), ensuring a balance between state power and individual rights.
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