Jonah Patel
The 42nd Amendment to the Indian Constitution, officially The Constitution (Forty-second Amendment) Act, 1976, was enacted during the controversial Emergency period (25 June 1975 – 21 March 1977) by the Indian National Congress government headed by Indira Gandhi. It is considered one of the most important and controversial amendments to the Constitution of India, 1950 (COI) as it altered the basic structure of the constitution and reduced the power of the Supreme Court and High Courts to pronounce upon the constitutional validity of laws.
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What You'll Learn
The 42nd Amendment Act of 1976
The constitutionality of sections 4 and 55 of the 42nd Amendment was challenged in Minerva Mills v. Union of India, and in 1980, the Supreme Court declared these sections as unconstitutional. Section 4 amended Article 31C of the Constitution to give precedence to the Directive Principles of State Policy over the Fundamental Rights of individuals. Section 55 prevented any constitutional amendment from being "called in question in any Court on any ground" and declared that there would be no limitation on the power of Parliament to amend the Constitution.
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The Janata Party's response
The 42nd Amendment, passed during the Emergency period, was widely criticised for concentrating power in the executive, curtailing judicial independence, and diluting fundamental rights. The Janata Party, which came to power in 1977, promised to "'restore the Constitution to the condition it was in before the Emergency'.
The Janata government brought about the 43rd and 44th Amendments in 1977 and 1978, respectively, to restore the pre-1976 position to some extent. The 44th Amendment Act of 1978 was a direct response to the excesses of the Emergency and the 42nd Amendment, seeking to restore the primacy of fundamental rights, ensure judicial independence, and prevent future misuse of emergency provisions. It repealed Articles 19(1)(f) and 31, which guaranteed the right to property as a fundamental right, and inserted Article 300A, making the right to property a constitutional, but not a fundamental, right. The 44th Amendment also restored the secular and democratic ideals present in the Constitution and added a new Directive Principle requiring the State to minimise inequalities in income, status, facilities, and opportunities (Article 38).
However, the Janata Party was unable to fully achieve its objective of restoring the Constitution to its pre-Emergency state. On 31 July 1980, in the Minerva Mills v. Union of India case, the Supreme Court declared two provisions of the 42nd Amendment as unconstitutional: preventing any constitutional amendment from being "called into question in any court on any ground" and according precedence to the Directive Principles of State Policy over the Fundamental Rights of individuals.
The 42nd Amendment, officially known as The Constitution (Forty-second Amendment) Act, 1976, was enacted during the controversial Emergency period (25 June 1975–21 March 1977) by the Indian National Congress government headed by Indira Gandhi. It is regarded as the most controversial constitutional amendment in history, bringing about the most widespread changes to the Constitution. Nicknamed the "Mini-Constitution", the amendment's fifty-nine clauses stripped the Supreme Court of many of its powers, curtailed democratic rights, and gave sweeping powers to the Prime Minister's Office. It transferred power from state governments to the central government, eroding India's federal structure. The amendment also amended the Preamble, changing the description of India from a "sovereign democratic republic" to a "sovereign, socialist, secular, democratic republic" and adding the word "integrity" to emphasise the "unity and integrity of the nation".
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The impact on the Supreme Court
The 42nd Amendment, also known as the "Mini-Constitution", was enacted in 1976 during the controversial Emergency period (25 June 1975 – 21 March 1977) by the Indian National Congress government led by Indira Gandhi. It is considered one of the most remarkable and controversial amendments to the Constitution of India, 1950 (COI).
The Amendment's fifty-nine clauses significantly altered the balance of power between the Supreme Court, the High Courts, and Parliament. The Amendment attempted to reduce the power of the Supreme Court and High Courts to pronounce upon the constitutional validity of laws. It also curtailed democratic rights in the country and gave sweeping powers to the Prime Minister's Office.
The 42nd Amendment gave Parliament unrestrained power to amend any parts of the Constitution without judicial review. It transferred power from state governments to the central government, eroding India's federal structure. The Amendment's changes to Article 352 of the COI allowed for the suspension of fundamental rights during emergencies. Article 358 of the COI enabled the suspension of rights given by Article 19 without any special notice, providing legal immunity to emergency laws. Article 359 was also amended, allowing the President to suspend the right to remedy for those aggrieved by emergency laws.
The Amendment's changes to Article 31C gave primacy to the Directive Principles of State Policy (DPSP) over the Fundamental Rights of individuals. This was challenged in Minerva Mills v. Union of India, where the Supreme Court declared Section 4 of the 42nd Amendment unconstitutional, endorsing and evolving the basic structure doctrine of the Constitution.
The Janata Party, which won the 1977 general elections, brought about the 43rd and 44th Amendments in 1977 and 1978 respectively, to restore the pre-1976 position to some extent. The 44th Amendment introduced a new provision to restrain Parliament's power to extend a proclamation of the President's Rule beyond one year.
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Changes to the Preamble
The 42nd Amendment to the Indian Constitution, officially known as The Constitution (Forty-second Amendment) Act, 1976, was enacted during the controversial Emergency period (25 June 1975 – 21 March 1977) by the Indian National Congress government headed by Indira Gandhi. The 42nd Amendment is regarded as the most controversial constitutional amendment in history, as it attempted to reduce the power of the Supreme Court and High Courts and laid down the Fundamental Duties of Indian citizens to the nation.
The 42nd Amendment also amended the Preamble and changed the description of India from a "sovereign democratic republic" to a "sovereign, socialist, secular, democratic republic", and changed the words "unity of the nation" to "unity and integrity of the nation". The addition of the words "socialist" and "secular" restored the secular and democratic ideals present in the Constitution.
The Janata Party, which won the 1977 general elections, brought about the 43rd and 44th Amendments in 1977 and 1978, respectively, to restore the pre-1976 position to some extent. However, they were not able to fully achieve their objectives. On 31 July 1980, in Minerva Mills v. Union of India, the Supreme Court declared two provisions of the 42nd Amendment as unconstitutional, which prevented any constitutional amendment from being "called in question in any Court on any ground" and gave precedence to the Directive Principles of State Policy over the Fundamental Rights of individuals.
The 42nd Amendment is often referred to as the "Mini-Constitution" due to the large number of changes it brought about. It attempted to alter the basic structure of the Indian Constitution and gave Parliament unrestrained power to amend any parts of the Constitution without judicial review.
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Fundamental Rights and Duties
The 42nd Amendment, officially known as The Constitution (Forty-second Amendment) Act, 1976, was enacted during the controversial Emergency period (25 June 1975 – 21 March 1977) by the Indian National Congress government, led by Indira Gandhi. The 42nd Amendment is regarded as the most controversial constitutional amendment in history, as it attempted to reduce the power of the Supreme Court and High Courts to determine the constitutional validity of laws. It also laid down the Fundamental Duties of Indian citizens to the nation.
The 42nd Amendment Act made several changes to the Fundamental Rights and Duties of Indian citizens. Firstly, it amended Article 31C of the Constitution, giving precedence to the Directive Principles of State Policy (DPSP) articulated in Part IV of the Constitution over the Fundamental Rights of individuals outlined in Part III. This meant that the Fundamental Rights of citizens could be suspended during emergencies, as per Articles 358 and 359. The Amendment also added Article 257A, which allowed the central government to deploy forces in states to address law and order issues.
The 42nd Amendment also altered the description of India in the Preamble, changing it from a "sovereign democratic republic" to a "sovereign, socialist, secular, democratic republic". It also replaced the words "unity of the nation" with "unity and integrity of the nation". These changes reflected the addition of Articles 39A, 43A, and 48A to the DPSP, which aimed to minimise inequalities in income, status, facilities, and opportunities.
Furthermore, the 42nd Amendment gave Parliament unrestrained power to amend any part of the Constitution without judicial review. It also extended the term of the Lok Sabha and State legislative assemblies from five to six years. Additionally, it required the President to act in accordance with the advice of the Council of Ministers, although no such provision was made regarding State Governors, allowing them some discretionary functions.
Overall, the 42nd Amendment significantly altered the Fundamental Rights and Duties of Indian citizens, centralising power in the Parliament and the Prime Minister's Office while reducing the power of the judiciary to protect citizens' rights.
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Frequently asked questions
The 42nd Amendment, officially The Constitution (Forty-second Amendment) Act, 1976, was enacted during the controversial Emergency period (25 June 1975 – 21 March 1977) by the Indian National Congress government headed by Indira Gandhi.
The 42nd Amendment is regarded as the most controversial constitutional amendment in history. It attempted to reduce the power of the Supreme Court and High Courts, laid down Fundamental Duties for Indian citizens, and amended the Preamble to change the description of India from a "sovereign, democratic republic" to a "sovereign, socialist, secular, democratic republic". It also added the words "unity and integrity" to the Preamble, and amended or added numerous articles to the Constitution.
The 42nd Amendment attempted to alter the basic structure of the Indian Constitution and reduced the importance of fundamental rights. It curtailed democratic rights and gave sweeping powers to the Prime Minister's Office, transferring power from state governments to the central government.
The Janata Party won the 1977 general elections and brought about the 43rd and 44th Amendments in 1977 and 1978 respectively, to restore the pre-1976 position to some extent. However, they were not able to fully achieve their objectives. In 1980, the Supreme Court declared two provisions of the 42nd Amendment as unconstitutional.
