Malcolm Rivera
The 42nd Amendment Act, 1976, is widely known as the 'Mini Constitution' owing to the large number of amendments it brought to the Indian Constitution. The amendment 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 Act amended the Preamble to the Constitution, 40 Articles, and the Seventh Schedule, and added 14 new articles and two new parts to the Constitution of India.
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What You'll Learn
- The 42nd Amendment Act, 1976, was enacted during the controversial Emergency period
- The Amendment extended the powers of the Central government during National emergencies
- The 42nd Amendment attempted to reduce the power of the Supreme Court and High Courts
- The Amendment Act introduced the necessary clauses to suspend fundamental rights in times of need
- The Janata Party won the 1977 general elections on the promise of restoring the Constitution
The 42nd Amendment Act, 1976, was enacted during the controversial Emergency period
The 42nd Amendment Act, 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 Act is regarded as the most controversial constitutional amendment in history, with many seeing it as an attempt to alter the basic structure of the Indian Constitution.
The Amendment attempted to reduce the power of the Supreme Court and High Courts to rule on the constitutional validity of laws. It also laid down the Fundamental Duties of Indian citizens to the nation. The Amendment included changes to the Preamble, with "Sovereign Socialist Secular Democratic Republic" replacing "Sovereign Democratic Republic", and "unity and integrity of the nation" replacing "unity of the nation". The Seventh Schedule was also amended, and 14 new Articles were inducted into the Constitution.
The 42nd Amendment Act also added provisions to the Constitution that allowed for the suspension of fundamental rights during emergencies. Articles 144A and 228A were introduced, making it mandatory for the Supreme Court to constitute a seven-judge bench to decide upon the constitutionality of any law brought at the Union level. These laws could only be held unconstitutional with a two-thirds majority judgment. The Amendment also extended the one-time duration of the President's rule in a state from six months to one year.
The Amendment was enacted during a period of political unrest and clampdown on civil liberties. The Janata Party, which won the 1977 general elections, promised to "restore the Constitution to the condition it was in before the Emergency". The Janata government then brought about the 43rd and 44th Amendments in 1977 and 1978, respectively, to restore the pre-1976 position to some extent.
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The Amendment extended the powers of the Central government during National emergencies
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 pronounce upon the constitutional validity of laws.
During a National Emergency, the normal distribution of legislative powers between the Centre and States is suspended, although the State Legislatures are not suspended. The Parliament becomes empowered to make laws on any subject in the State List, and the State governments are brought under the complete control of the Centre. The 42nd Amendment Act of 1976 provided that these consequences apply not only to a state where the National Emergency is in operation but also to any other state.
The 42nd Amendment also extended the powers of the President. During a National Emergency, the President can modify the constitutional distribution of revenues between the Centre and the States, either by reducing or cancelling the transfer of finances from the Centre to the States. The President can declare a National Emergency in India under Article 352 when the security of India or a part of it is threatened.
The 42nd Amendment was enacted during the Emergency, a period when the constitutional rights and freedoms of individuals may be curtailed, and the powers of the Central government are significantly enhanced to address perceived threats to the nation. Gandhi and her parliamentary majorities could rewrite the nation's laws since her Congress party had the required mandate to do so – a two-thirds majority in Parliament. Gandhi also got the President to issue 'Ordinances', completely bypassing Parliament, allowing her to rule by decree.
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The 42nd Amendment attempted to reduce the power of the Supreme Court and High Courts
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 pronounce upon the constitutional validity of laws. The amendment's fifty-nine clauses stripped the Supreme Court of many of its powers and moved the political system toward parliamentary sovereignty.
The 42nd Amendment restricted the power of the courts to issue stay orders or injunctions and revoked their power to determine what constituted an office of profit. A new article, 228A, was inserted into the Constitution, giving High Courts the authority to "determine all questions as to the constitutional validity of any State law". The amendment also amended Article 368, preventing any constitutional amendment from being "called in question in any Court on any ground". It further declared that there would be no limitation on the constituent power of Parliament to amend the Constitution.
The 42nd Amendment also transferred power from state governments to the central government, eroding India's federal structure. It gave Parliament unrestrained power to amend any part of the Constitution without judicial review, making any law passed in pursuit of a Directive Principle immune from scrutiny by the Supreme Court. The amendment also laid down the Fundamental Duties of Indian citizens to the nation, adding words like 'Socialist', 'Secular', and 'Integrity' to the preamble.
The 42nd Amendment was widely unpopular due to the clampdown on civil liberties and widespread abuse of human rights by the police. The Janata Party, which promised to "restore the Constitution to the condition it was in before the Emergency", won the 1977 general elections. They introduced the 43rd and 44th Amendments in 1977 and 1978, respectively, to reverse the changes made by the 42nd Amendment. However, they were unable to fully achieve their objectives. On July 31, 1980, the Supreme Court declared two provisions of the 42nd Amendment as unconstitutional, endorsing and evolving the basic structure doctrine of the Constitution.
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The Amendment Act introduced the necessary clauses to suspend fundamental rights in times of need
The 42nd Amendment Act, officially known as The Constitution (Forty-second Amendment) Act, 1976, is regarded as the most controversial constitutional amendment in Indian history. It 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 Act is also referred to as the 'Mini-Constitution' due to the large number of amendments it introduced to the Constitution of India (COI).
The Amendment Act introduced the necessary clauses to the COI that allowed for the suspension of fundamental rights in times of need. During an external emergency, Article 358 of the COI enables the suspension of the rights granted by Article 19 of the COI without any special notice. It stipulates that Article 19 is suspended across the nation for the duration of the emergency, and legal immunity is granted to emergency laws.
The 42nd Amendment Act also extended the powers of the Central government during national emergencies, allowing for longer durations of President's Rule and expanding the grounds for imposing emergency provisions. This shift raised concerns about the potential misuse of emergency powers. The Amendment Act further obligated the President to follow the advice of the cabinet, as per Article 74, and the council of ministers, per Article 257A, which allowed for the deployment of central forces in states to address law-and-order conflicts.
The 42nd Amendment Act altered the Preamble to the Constitution, adding the words "Socialist", "Secular", and "Integrity", and changing "unity of the nation" to "unity and integrity of the nation". It also amended 40 Articles, the Seventh Schedule, and introduced 14 new articles and two new parts to the COI. These amendments included changes to Articles 39A, 43A, 48A, and 39(f), which pertained to the rights and well-being of children. Additionally, the Amendment Act extended the term of the Lok Sabha and State Legislative Assemblies from five to six years, a change that was criticised for potentially delaying elections and weakening democratic processes.
The 42nd Amendment Act was highly controversial due to its attempts to curtail democratic rights and grant sweeping powers to the Prime Minister's Office. It sought to reduce the power of the Supreme Court and High Courts, with the Supreme Court declaring certain provisions of the Amendment Act as unconstitutional in 1980. The Janata Party, which came to power in the 1977 general elections, introduced the 43rd and 44th Amendments to restore the pre-1976 position and limit the powers granted by the 42nd Amendment Act.
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The Janata Party won the 1977 general elections on the promise of restoring the Constitution
The 42nd Amendment to the Indian Constitution, officially known as The Constitution (Forty-second amendment) Act, 1976, is regarded as one of the most controversial constitutional amendments in history. It was enacted during the Emergency period (25 June 1975–21 March 1977) by the Indian National Congress government led by Indira Gandhi. The amendment's fifty-nine clauses stripped the Supreme Court of many powers, curtailed democratic rights, and gave sweeping powers to the Prime Minister's Office. It also altered the description of India from a "sovereign, democratic republic" to a "sovereign, socialist, secular, democratic republic".
The Janata Party, an amalgam of several Indian political parties, was formed in opposition to the Emergency and Indira Gandhi's rule. The Janata Party won the 1977 general elections, securing a majority of seats in the Lok Sabha (the lower house of Parliament) and forming the government. The call for the restoration of democracy and revoking the Emergency is considered a major reason for the Janata Alliance's victory. The Janata government then brought about the 43rd and 44th Amendments in 1977 and 1978, respectively, to restore the pre-1976 position to some extent.
The Janata Party's victory marked a significant political transition in India, as the Indian National Congress had been the dominant political force since the country's independence. The Janata Party campaigned on a platform of restoring democracy and promoting social justice. The first actions taken by the new government included ending the state of emergency, repealing media censorship, and reversing many Emergency-era decrees.
However, the Janata Party struggled to effectively address national problems due to continuous infighting and ideological differences among its diverse constituents. The Janata Party was not able to fully achieve its objectives of restoring the Constitution to its pre-Emergency state. On 31 July 1980, the Supreme Court declared two provisions of the 42nd Amendment as unconstitutional, endorsing and evolving the basic structure doctrine of the Constitution.
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