Eleanor Finch
The 42nd Amendment Act of 1976, also known as the Mini Constitution of India, was a significant and controversial amendment to the Indian Constitution. It was enacted by the Indian National Congress, led by Prime Minister Indira Gandhi, during a period of Emergency. The amendment introduced sweeping changes to the Constitution, including alterations to the Preamble, the addition of several new articles, and modifications to the fundamental rights and duties of citizens. It also impacted the balance of power between the central and state governments, the judiciary, and the executive. The 42nd Amendment remains a pivotal moment in India's legal and political history, with its far-reaching implications shaping the country's laws and governance.
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What You'll Learn
The 42nd Amendment Act of 1976
The 42nd Amendment Act amended the Preamble to the Constitution, 40 Articles, and the Seventh Schedule, while also adding 14 new articles and two new parts to the COI. The Preamble was altered to include the words "socialist" and "secular", changing the description of India from a "sovereign democratic republic" to a "sovereign socialist secular democratic republic". The words "unity of the nation" were also replaced with "unity and integrity of the nation".
The Act extended the duration of the President's rule in a state from six months to one year and curtailed the High Courts' judicial review power. It introduced tribunals for administrative and other matters and provided for the creation of the All-India Judicial Service. The Amendment Act also included clauses that allowed for the suspension of fundamental rights during emergencies, giving emergency laws legal immunity.
The 42nd Amendment Act added Articles 39A, 43A, and 48A to the Directive Principles of State Policy and made changes to Article 39(f), which focuses on protecting children and youth from exploitation and ensuring their healthy development. It also introduced fundamental duties for Indian citizens towards the nation.
The Act reorganised the Seventh Amendment, transferring subjects such as education, forestry, wildlife and bird protection, the administration of justice, and weights and measures from the State list to the Concurrent List. It also made changes to various other Articles, including 359, 118, 208, and 31C, and introduced new Articles like 131A.
The 42nd Amendment Act was passed by the Lok Sabha on 2 November 1976 and by the Rajya Sabha on 11 November 1976. Most provisions came into force on 3 January 1977, with others enforced on 1 February and 1 April 1977.
The Amendment was challenged in the Minerva Mills Case (1980), where the Supreme Court declared two changes made by the Act to be unconstitutional and null and void. The Janata government's 43rd and 44th Amendments in 1977 and 1978, respectively, aimed to restore the pre-1976 position to some extent and curb Parliament's power.
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The Amendment's Impact on the Judiciary
The 42nd Amendment Act of 1976, also known as the Mini Constitution of India, is considered one of the most remarkable and significant amendments to the Constitution of India (COI). This amendment made extensive alterations to the Constitution, impacting multiple aspects of the judiciary.
Firstly, the 42nd Amendment Act sought to limit the powers of the Supreme Court and High Courts. It introduced clauses that allowed for the suspension of fundamental rights during emergencies, without any special notice. This meant that in times of external emergency, Article 358 of the COI could suspend the rights given by Article 19, and emergency laws would be granted legal immunity. The Amendment Act also extended the duration of the President's rule in a state from six months to one year, impacting the judiciary's ability to review and rule on constitutional matters.
Secondly, the Amendment Act added Articles 323A and 323B, which dealt with tribunals for administrative and other matters, respectively. These articles were later challenged in the Chandra Kumar v. Union of India case in 1997, where the Supreme Court held that these tribunals did not substitute the power of judicial review bestowed upon the High Courts. The Amendment Act also impacted the High Courts' judicial review powers by requiring a special majority of at least two-thirds of judges to declare any law constitutionally invalid.
Thirdly, the 42nd Amendment Act added three new Directive Principles of State Policy (DPSP) and changed one. The new DPSPs included Article 39A, which promotes fair justice and provides free legal assistance to the poor, and Article 48A, which aims to safeguard forests, wildlife, and the environment. These additions reflect a focus on social welfare and environmental protection.
Additionally, the Amendment Act extended the term of the Lok Sabha and State Legislative Assemblies from five to six years. This change limited the judiciary's review powers and altered the balance of power between the branches of government. The Amendment Act also introduced the concept of fundamental responsibilities of Indian citizens towards their country, which complemented the existing fundamental rights.
Overall, the 42nd Amendment Act, or the Mini Constitution of India, had a significant impact on the judiciary by altering the powers of the Supreme Court and High Courts, introducing new DPSPs, and changing the term lengths of legislative bodies. These changes sparked debates and criticisms, with some viewing the Amendment negatively due to its broad reach and potential limitations on judicial independence.
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Changes to the Preamble
The 42nd Amendment Act of 1976, also known as the Mini Constitution of India, brought about several changes to the Preamble of the Indian Constitution. The Preamble, which is based on the Objectives Resolution, was initially drafted by Jawaharlal Nehru and came into force on 26 January 1950, celebrated as Republic Day in India.
The 42nd Amendment, enacted by the Indian National Congress led by Indira Gandhi, made significant changes to the Preamble. Firstly, it amended the description of India by adding the words “socialist" and "secular" to the original phrase "sovereign democratic republic", resulting in the new description, "sovereign, socialist, secular, democratic republic". Additionally, the Amendment changed the phrase "unity of the nation" to "unity and integrity of the nation". These changes reflected the political and ideological shifts occurring in India at the time.
The Amendment also impacted the interpretation and enforceability of the Preamble. It sought to limit the power of the Supreme Court and High Courts to rule on the constitutionality of laws and to prevent them from overturning laws passed by Parliament. The Mini Constitution gave Parliament unrestrained power to amend any parts of the Constitution without judicial review, shifting the political system towards parliamentary sovereignty.
The 42nd Amendment remains one of the most controversial and debated amendments in Indian history due to its far-reaching consequences. The changes it brought about to the Preamble and other parts of the Constitution continue to shape India's political and legal landscape.
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The Addition of Fundamental Duties
The 42nd Amendment Act of 1976 added a new part, Part IVA, to the Constitution, which included the Fundamental Duties of Indian citizens. This was a significant addition, as it sought to balance the relationship between the state and its citizens by emphasizing that along with fundamental rights, individuals also have essential duties to fulfill.
The duties outlined in this part are seen as a way to remind citizens that while they enjoy certain freedoms and rights, they also have responsibilities towards their country, society, and fellow citizens. These duties are aimed at promoting a sense of discipline, morality, and social justice, and they apply to all Indian citizens, regardless of their social or economic status. They are also meant to inspire a sense of patriotism and national unity, encouraging citizens to work towards the country's betterment.
There are currently 11 Fundamental Duties listed in the Constitution, which include respecting the national flag and constitution, abiding by the laws, promoting harmony, preserving composite culture, protecting public property, and safeguarding natural resources, among others. These duties are not enforceable by courts but are considered a moral obligation for all citizens. They serve as a reminder that in a democratic society, rights and duties go hand in hand, and one cannot exist without the other.
The inclusion of Fundamental Duties was a response to the growing sentiment that Indian citizens were becoming increasingly focused on their rights, often neglecting their responsibilities towards the nation. By adding these duties, the Constitution emphasizes the importance of active citizenship, where individuals take a proactive role in nation-building and work towards the common good. This addition also reflects the changing understanding of the relationship between the state and its citizens, moving towards a more participatory and responsible democracy.
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The Prime Minister's Powers
The Prime Minister of India is the head of the government and the leader of the Council of Ministers. They are the real executive authority (de facto executive) in the country's parliamentary system of government, while the President is the nominal executive authority (de jure executive) and the head of state. The Prime Minister is appointed by the President under Article 75 of the Indian Constitution, and their salary and allowances are set by Parliament.
The Prime Minister is the primary point of contact between the President and the Council of Ministers. They are responsible for transmitting all decisions of the Council of Ministers relevant to the management and legislative initiatives of the Union to the President. They also provide information about the administration of the Union's affairs and legislative ideas as requested by the President. The Prime Minister advises the President on key appointments, such as the Attorney General of India, the Comptroller and Auditor General of India, and election commissioners. They also make recommendations to the President for ministerial appointments.
The Prime Minister is the head of the cabinet, and the Cabinet Secretariat is under their direct charge. They are the leader of the ministry and the council of ministers in the executive arm of the government. They are also the Lower House's leader.
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Frequently asked questions
The Mini Constitution of India refers to the 42nd Amendment Act of 1976, which was enacted by the Indian National Congress, led by Indira Gandhi. It is called the "Mini Constitution" because it made extensive alterations to the Constitution, introducing significant changes across multiple dimensions.
The 42nd Amendment made a large number of revisions to the Constitution, including amending the Preamble, 40 Articles, the Seventh Schedule, and adding 14 new articles and two new parts. It also added the words )"socialist", "secular", and "integrity" to the Preamble, reflecting the core values and aspirations of the Indian state.
The 42nd Amendment was significant because it was one of the most controversial and disputed amendments in Indian history. It attempted to reduce the power of the Supreme Court and High Courts, limit judicial review, and redefine the balance between individual rights and state authority. It also added fundamental duties for Indian citizens and gave sweeping powers to the Prime Minister's Office.
