Eleanor Finch
The Preamble of the Indian Constitution has been amended only once, on 18 December 1976, during a time of national emergency. The 42nd Amendment Act of 1976, also known as the Mini Constitution, made significant changes to the preamble, including altering the description of India and granting more powers to the central government. Indira Gandhi, the leader of the Indian National Congress at the time, signed this act. The 44th Amendment Act was enacted to overturn the 42nd Amendment.
| Characteristics | Values |
|---|---|
| Number of times amended | Once |
| Date of amendment | 18 December 1976 |
| Amendment number | 42nd Amendment Act |
| Description of India before amendment | "Sovereign democratic republic" |
| Description of India after amendment | "Sovereign, socialist secular democratic republic" |
| Change in wording | "Unity of the nation" to "unity and integrity of the nation" |
| Amendment proposed by | Indira Gandhi government |
| Committee recommending the amendment | Sardar Swaran Singh Committee |
Explore related products
What You'll Learn
The 42nd Amendment Act of 1976
The 42nd Amendment Act brought about several changes to the Constitution. Firstly, it changed the description of India from a "sovereign democratic republic" to a "sovereign, socialist secular democratic republic". This change reflected the addition of the words "socialist" and "secular" to the Constitution. Secondly, it modified the wording from "unity of the nation" to "unity and integrity of the nation". This alteration emphasised the importance of maintaining both unity and integrity within India.
Furthermore, the 42nd Amendment Act introduced a list of ten fundamental duties by adding Part IV-A. It also added Part XIV-A and made amendments to 40 existing provisions, the Seventh Schedule, and 14 new articles. These changes included extending the term of the Lok Sabha and state legislative assemblies from five to six years, although this was later cancelled by the 44th Amendment Act. Additionally, the amendment obligated the President to follow the advice of the cabinet and provided for the creation of the All-India Judicial Service.
The 42nd Amendment Act also granted Parliament the power to amend parts of the Constitution without judicial review, thereby increasing the power of the central government relative to state governments. This aspect of the amendment was particularly controversial, as it eroded the federal structure of India and was perceived as a threat to the country's civil libertarian values. The amendment was passed during a period of political unrest and has been described as the most controversial constitutional amendment in Indian history.
Progressive Reform: Constitutional Amendment Impact
You may want to see also
Changes to India's description
The Preamble to the Constitution of India was amended in 1976 by the 42nd Amendment Act, also known as the Constitution Act. This amendment made significant changes to the description of India, including the addition of the terms "socialist", "secular", and "integrity".
The Preamble, before the amendment, described India as a 'sovereign, democratic republic'. The 42nd Amendment Act inserted the words 'socialist' and 'secular' between 'sovereign' and 'democratic'. The addition of these terms brought about a change in the perception of India's state nature. The term "socialist" implied that judicial freedom was subordinated to the interests of the community. The term "secular" guaranteed freedom of religion for all citizens and ensured that the government and religious groups interacted according to the constitution and law. It also meant that there was no state religion, and all religions were to be equally respected.
The amendment also changed the phrase "unity of the nation" to "unity and integrity of the nation". The word "integrity" added to the Preamble by the 42nd Constitutional Amendment Act emphasised the dignity of the individual and the unity and integrity of the nation. This change further reinforced the ideals of liberty, equality, and fraternity outlined in the Preamble.
The 42nd Amendment Act was enacted by the Indian National Congress, led by Indira Gandhi, in 1976. It is considered one of the most significant revisions to the preamble and among the most contentious actions in the history of Indian constitutional revisions. The amendment was authorised by a committee led by Sardar Swaran Singh, which recommended the changes after reviewing the issue of modifying the constitution in light of prior practice.
Amendments Left Out: Why the Constitution's Original Silence?
You may want to see also
Increased powers of central government
The Preamble of the Indian Constitution has been amended only once so far through the 42nd Constitutional Amendment Act in 1976. This amendment, also known as the "Mini Constitution", made several significant changes, including increasing the powers of the central government relative to state governments.
The 42nd Amendment Act was enacted during the tenure of the Indira Gandhi government and was one of the most substantial modifications to the Indian Constitution. One of the critical aspects of this amendment was the erosion of India's federal structure by enhancing the power of the central government over state governments.
The amendment provided Parliament with the authority to amend parts of the Constitution without judicial review, further centralising legislative power. This aspect of the amendment was later overturned by the 44th Amendment Act.
The 42nd Amendment Act also made changes to India's description, altering it from a ""sovereign democratic republic" to a "sovereign, socialist secular democratic republic". This change reflected the addition of the words ""socialist" and "secular" between "sovereign" and "democratic", emphasising the country's ideological orientation.
Furthermore, the amendment modified the phrase "unity of the nation" to "unity and integrity of the nation", underscoring the importance of both unity and territorial integrity in the nation's preamble.
While the 42nd Amendment Act brought about significant changes, including increased central government powers, it was not without controversy. The amendment was passed during a time of Emergency in India, with much of the opposition jailed, and has been described as one of the most contentious actions in the history of Indian constitutional revisions.
Amendments: States' Ratification Power and the Constitution
You may want to see also
Explore related products
The addition of secular and socialist
The Preamble of the Indian Constitution was amended only once in 1976 by the 42nd Amendment Act, also known as the "Mini Constitution". This amendment was enacted during the tenure of Prime Minister Indira Gandhi during the Emergency period (1975-1977). The 42nd Amendment made several significant changes to the Preamble, including the addition of the words "socialist" and "secular".
The addition of "secular" to the Preamble aimed to promote unity among India's diverse religious communities. It signified that the state treats all religions equally, remains neutral, and does not favour any one religion as the state religion. The Indian state, as per the Constitution, is concerned with human relationships and not the relationship between individuals and God, which is a matter of personal choice. The underlying principle of secularism was already implicit in various provisions and the overall philosophy of the Constitution, and the 42nd Amendment made it explicit.
The word "socialist" in the Indian context has been interpreted to mean a commitment to function as a welfare state. The Supreme Court clarified that 'socialism' in India refers to the principle of economic and social justice, where the state ensures that no citizen is disadvantaged due to economic or social circumstances. It does not mandate a specific economic policy structure and does not necessitate restrictions on the private sector. India's version of socialism is unique and tailored to the country's needs, focusing on selective nationalisation where necessary.
The addition of "socialist" and "secular" to the Preamble has been a source of controversy and debate. Critics argued that these additions were unnecessary as the concepts were already inherent in the Constitution. The Bharatiya Janata Party (BJP) opposed the inclusion of these words, and there were concerns about the potential impact on India's political identity. Despite the controversy, the Supreme Court upheld the inclusion of "socialist" and "secular" in the Preamble, confirming the retrospective amendment and stating that the Constitution is a "living document" open to changes according to the needs of the time.
Amendments in the Indian Constitution: A Comprehensive Count
You may want to see also
The 44th Amendment Act
The 42nd Amendment Act of 1976 was among the most significant modifications to the Indian Constitution. This act was enacted by the Indian National Congress, led by Indira Gandhi. The 44th Amendment Act was introduced in 1978 to reverse the changes made by the 42nd Amendment Act and to safeguard the interests of the nation. This act was enacted by the Indian government and introduced in the Lok Sabha.
Overall, the 44th Amendment Act of 1978 was an important act that reversed some of the changes made by the 42nd Amendment Act and introduced a number of positive changes to the Constitution of India.
The Constitution: Amendments and Ratification
You may want to see also
Frequently asked questions
The preamble of the Indian Constitution has been amended once.
The preamble of the Indian Constitution was amended on December 18, 1976.
The 42nd Amendment Act of 1976 made several changes to the preamble, including:
- Adding the words "secular" and "socialist" between "sovereign" and "democratic".
- Changing "unity of the nation" to "unity and integrity of the nation".
- Changing the description of India from a "sovereign democratic republic" to a "sovereign, socialist secular democratic republic".
The 42nd Amendment Act of 1976 was enacted by the Indian National Congress, led by Indira Gandhi. A committee led by Sardar Swaran Singh recommended the amendments after being consulted to review the question of amending the constitution.
