Eleanor Finch
The 42nd Amendment Act of 1976 is often referred to as a 'mini-constitution' due to the extensive changes it made to the Indian Constitution. The amendment was enacted by the Indian National Congress government, led by Indira Gandhi, and is considered one of the most important and controversial acts in India's history. The 42nd Amendment attempted to alter the basic structure of the Indian Constitution by making India a Socialist Secular Republic, reducing the power of the Supreme Court and High Courts, and laying down fundamental duties for citizens.
| Characteristics | Values |
|---|---|
| Number of Amendments | 42 |
| Year | 1976 |
| Number of Revisions | Large number |
| Description | One of the most important, significant, and disputed amendments |
| Added to Preamble | Words like 'Socialist', 'Secular', and 'Integrity' |
| Changes | Laid down the Fundamental Duties of Indian citizens in Part IV A |
| Changes | Made it obligatory for the President to act on the advice of the council of Ministers |
| Changes | Included citizens' ten Fundamental Duties in Part IV-A of the Constitution |
| Changes | Made the President answerable to the cabinet's advice |
| Changes | Reduced the power of the Supreme Court and the High Courts |
| Changes | Insertion of fundamental duties and the extension of emergency provisions |
| Changes | Gave Directive Principles precedence over Fundamental Rights |
| Changes | The President was given the authority to declare multiple proclamations of national emergency simultaneously on various grounds |
| Changes | Included 64 more Central and state laws, mostly relating to land reforms, in the 9th Schedule |
| Changes | Strengthening of the Panchayati Raj |
| Changes | Made free and compulsory education a Fundamental Right for children aged 6-14 |
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What You'll Learn
The 42nd Amendment Act of 1976
The 42nd Amendment Act was enacted during the controversial "Emergency" period (25 June 1975 – 21 March 1977) by the Indian National Congress government, led by Prime Minister Indira Gandhi. The political climate during this period was charged, with the government facing economic challenges, social unrest, and political instability. The government sought to consolidate its power and address the growing discontent among the populace through constitutional changes.
The Amendment Act made significant changes to the Indian Constitution, including revisions to the Preamble, 40 Articles, and the Seventh Schedule. Additionally, 14 new articles and two new parts were added to the COI. The words "socialist" and "secular" were added to the Preamble, and the phrase "unity of the nation" was changed to "unity and integrity of the nation." The Amendment Act also introduced Articles 39A, 43A, and 48A, which pertained to the Directive Principles of State Policy, and made changes to Article 39(f), which focused on the protection and development of children.
The 42nd Amendment Act also had a significant impact on the judiciary. It attempted to reduce the power of the Supreme Court and High Courts, curtailing their ability to pronounce upon the constitutional validity of laws and review legislative actions. The Amendment Act extended the President's rule in a state from six months to one year and introduced provisions for the suspension of fundamental rights during states of emergency.
The 42nd Amendment Act was passed by the Lok Sabha on 2 November 1976 and by the Rajya Sabha on 11 November 1976. It received assent from President Fakhruddin Ali Ahmed on 18 December 1976. Most provisions of the Amendment came into effect on 3 January 1977, with others enforced on 1 February and 1 April 1977.
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Alterations to the Constitution
The Indian Constitution is the most amended national constitution in the world, with 106 amendments since its enactment in 1950. The Constitution is amended roughly twice a year due to the detailed provisions it contains, which in other nations would be addressed through statute.
There are three types of amendments to the Constitution of India. The first type of amendment must be passed by a "simple majority" in each house of the Parliament of India. The second type of amendment must be passed by a prescribed "special majority" of each house of Parliament. The third type of amendment must be passed by a "special majority" in each house of Parliament and ratified by at least half of the State Legislatures.
The 42nd Amendment of 1976 is referred to as the 'mini-constitution' as it brought about significant changes to the Constitution. It was enacted during the Emergency period of 1975-1977 by the Indian National Congress government led by Indira Gandhi. The amendment added words like 'Socialist', 'Secular', and 'Integrity' to the preamble, outlined the Fundamental Duties of Indian citizens in Part IV A, and made it obligatory for the President to act on the advice of the council of Ministers, among other changes.
The 44th Amendment Act of 1978 was passed to revoke some amendments made under the 42nd Amendment Act. Additionally, the Supreme Court, in Minerva Mills v. Union of India, quashed the amendments to Articles 31C and 368 as they were deemed to contravene the basic structure of the Constitution.
Any modifications to the fundamental structure of the constitution cannot be made without the approval of the people of India through a referendum. A majority of votes, with at least fifty-one percent of the electorate participating, is required for the changes to be implemented.
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Enacted by the Indian National Congress
The 42nd Amendment Act of 1976, also known as the Mini Constitution, was enacted by the Indian National Congress (INC) government during the controversial Emergency period (25 June 1975–21 March 1977). Led by Indira Gandhi, the INC passed the amendment with a view to making extensive alterations to the Indian Constitution.
The 42nd Amendment is regarded as one of the most controversial constitutional amendments in history due to the widespread changes it brought about. The amendment added words like "Socialist", "Secular", and "Integrity" to the preamble, reflecting the INC's secular and socialist policies. It also laid down the Fundamental Duties of Indian citizens in Part IV A, making it obligatory for the President to act on the advice of the council of Ministers.
The amendment further extended emergency provisions, allowing the President to declare multiple simultaneous proclamations of national emergency on various grounds. It also included 64 more Central and state laws, mainly concerning land reforms, in the 9th Schedule. Additionally, the 42nd Amendment attempted to reduce the power of the Supreme Court and High Courts by curtailing their judicial review powers.
The INC, led by Indira Gandhi, had a significant impact on India's political landscape. During the mid-term 1971 Indian general election, the party won a landslide victory with progressive policies such as the elimination of poverty ("Garibi Hatao"). Indira Gandhi became the leader of the INC after Nehru's death and a short tenure by Lal Bahadur Shastri. The INC dominated Indian politics for around 50 years, winning an outright majority in seven out of 17 general elections since independence, and leading the ruling coalition on three other occasions.
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Led by Indira Gandhi
The 42nd Amendment Act of the Indian Constitution, also known as the "Mini-Constitution", was enacted in 1976 during the controversial Emergency period (25 June 1975 – 21 March 1977) under Prime Minister Indira Gandhi's rule. The Indian National Congress Government, led by Gandhi, passed one of the most significant and extensive revisions to the Indian Constitution.
The 42nd Amendment Act brought about significant changes to various parts of the Constitution, including the Preamble, Fundamental Rights, and Directive Principles. It also altered the balance of power between the legislature, executive, and judiciary, and reduced the power of the Supreme Court and High Courts to determine the constitutional validity of laws. This amendment added the words "socialist" and "secular" to the Preamble, reflecting the ambitions for a more centrally guided development agenda. It also included Fundamental Duties, expanded Directive Principles of State Policy, curtailed judicial review powers, and extended the terms of Parliament and State Assemblies.
During the Emergency, Gandhi implemented a 20-point program of economic reforms that resulted in greater economic growth, aided by the absence of strikes and trade union conflicts. Encouraged by these positive signs and biased information from her party supporters, Gandhi called for elections in May 1977. However, the election ended Congress's control over the executive and legislature for the first time since independence.
The 42nd Amendment Act is considered a pivotal but controversial point in India's constitutional history. It reflected the tensions between the ambitions for central guidance and the preservation of democratic institutions. The Supreme Court's position on constitutional amendments, laid out in the Minerva Mills case, is that Parliament can amend the Constitution but cannot destroy its "basic structure". In 1980, the Supreme Court declared two provisions of the 42nd Amendment unconstitutional, preventing any constitutional amendment from overriding individual Fundamental Rights and the Directive Principles of State Policy.
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Reduced the power of the Supreme Court
The 42nd Amendment of 1976, also known as the 'Mini Constitution', brought about significant changes to the Indian Constitution. One of the key aspects of this amendment was the reduction of the power of the Supreme Court.
The Indian Supreme Court, prior to the 42nd Amendment, enjoyed a high level of authority. It served as the highest court in the country, acting as the final resort for those seeking justice. The Court's power of judicial review was particularly noteworthy, as it allowed the Court to ensure that each branch of the government respected its own limitations. This power enabled the Court to strike down any laws that were deemed to be in violation of the Constitution, thereby protecting civil rights and liberties.
However, with the enactment of the 42nd Amendment, certain changes were made that curtailed the Supreme Court's powers. Firstly, the amendment included the insertion of fundamental duties and changes to the basic structure of the Constitution, making India a "Socialist Secular" Republic. This shift potentially limited the Court's ability to interpret and enforce certain constitutional rights.
Secondly, the amendment extended emergency provisions, granting the President expanded powers to declare a state of emergency on various grounds. This move reduced the Supreme Court's ability to check the powers of the executive branch during times of emergency.
Additionally, the 42nd Amendment added words like 'Socialist', 'Secular', and 'Integrity' to the preamble, which may have influenced the Court's interpretation of constitutional principles.
It is worth noting that the 44th Amendment Act of 1978 partially revoked some of the changes made by the 42nd Amendment, recognising the need to restore balance to the powers of the Supreme Court.
In conclusion, the 42nd Amendment of 1976, referred to as the 'Mini Constitution', did result in a reduction of the power of the Supreme Court in India. While the Court retained its essential role in the constitutional system, certain amendments altered the dynamic between the judiciary and the other branches of government.
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Frequently asked questions
The 42nd Amendment Act of 1976 is often referred to as the "mini constitution" due to the large number of revisions and significant changes it made to the Indian Constitution.
The 42nd Amendment included new duties for citizens, added the words ''Socialist,' 'Secular,' and 'Integrity' to the Preamble, and expanded the list of Fundamental Duties for Indian citizens. It also shifted the balance of power towards the central government and away from the states, reducing the power of the judiciary.
The 42nd Amendment remains one of the most debated changes in India's constitutional history. It was enacted during a period of emergency and made widespread changes to the Constitution, impacting everything from the Preamble to the powers of the judiciary.
Yes, the 43rd and 44th Amendments were passed to reverse several provisions of the 42nd Amendment. The 44th Amendment was particularly important as it restored the balance of power between the judiciary and the government, reinstating the power of judicial review.
