Simone Lawson
The 42nd Amendment Act of 1976, also known as the Mini-Constitution, was a significant change to the Indian Constitution. It was enacted by the Indian National Congress, led by then Prime Minister Indira Gandhi. This amendment brought about extensive alterations to the Constitution, including changes to the Preamble, the Seventh Schedule, and 53 Articles, as well as the addition of several new Articles and sections. The 42nd Amendment sought to strengthen the central government by reducing the influence of the judiciary and increasing the power of the Parliament, thereby shifting the balance of power away from the states. It also added the words 'Socialist', 'Secular', and 'Integrity' to the Preamble, emphasising the country's commitment to these principles. The large number of revisions and the significant impact of this amendment on India's constitutional history have earned it the nickname Mini-Constitution.
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What You'll Learn
- The 42nd Amendment made a large number of changes to the Indian Constitution
- It shifted the balance of power from states to the central government
- It reduced the power of the judiciary
- It added the words 'Socialist', 'Secular', and 'Integrity' to the Preamble
- It curtailed democratic rights and gave more power to the Prime Minister's Office
The 42nd Amendment made a large number of changes to the Indian Constitution
The 42nd Amendment, also known as the "Mini-Constitution", made a large number of changes to the Indian Constitution. It was enacted in 1976 by the Indian National Congress, led by then-Prime Minister Indira Gandhi. The amendment came into effect on 3 January 1977, with some provisions enforced from 1 February and Section 27 coming into force on 1 April 1977.
The 42nd Amendment altered the basic structure of the Indian Constitution, aiming to strengthen the central government and reduce the influence of the judiciary. It amended the Preamble, changing the description of India from a "sovereign, democratic republic" to a "sovereign, socialist, secular, democratic republic". The words ""unity of the nation were changed to "unity and integrity of the nation". The amendment also added new duties for citizens, expanding the list of Fundamental Duties.
The judiciary saw a significant reduction in its powers, especially the Supreme Court and High Courts. The 42nd Amendment curtailed the power of the courts to review and invalidate laws passed by Parliament, and prevented constitutional amendments from being "called into question in any court on any ground". It also restricted the power of the courts to issue stay orders or injunctions and revoked their power to determine what constituted an "office of profit".
The amendment gave Parliament unrestrained power to amend any part of the Constitution without judicial review, shifting the balance of power towards the central government and away from the states. It transferred power from state governments to the central government, eroding India's federal structure. The President was obligated to follow the cabinet's advice, and the Lok Sabha's term was extended from five to six years.
The 42nd Amendment also introduced necessary clauses that allowed for the suspension of fundamental rights in times of need. During an external emergency, Article 358 of the COI could suspend the rights given by Article 19 without any special notice. The amendment further included provisions for law and order, allowing the deployment of central forces in the state to deal with conflicts.
The 42nd Amendment was a turning point in India's constitutional history, and its changes were partially reversed by the 43rd and 44th Amendments.
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It shifted the balance of power from states to the central government
The 42nd Amendment Act, also known as the "Mini Constitution", significantly shifted the balance of power from the states to the central government. This shift was achieved through various provisions and changes to the Indian Constitution.
Firstly, the amendment extended the powers of the central government during national emergencies. It allowed for longer durations of President's Rule and expanded the grounds for imposing emergency provisions. The amendment also added Article 257A, which permitted the deployment of central forces in states to address law and order conflicts. This transfer of power from state governments to the centre eroded India's federal structure.
Secondly, several subjects were moved from the State List to the Concurrent List, increasing central control over areas such as education, forests, weights and measures, and the administration of justice. This shift gave the central government more authority over these subjects, reducing the autonomy of the states.
Thirdly, the 42nd Amendment Act curtailed the powers of the judiciary, particularly the Supreme Court and High Courts. It restricted their ability to review and invalidate laws passed by Parliament, reducing judicial interference in legislative matters. The amendment also revoked the courts' power to determine what constituted an "office of profit" and limited their review powers.
Furthermore, the amendment gave Parliament unrestrained power to amend any part of the Constitution without judicial review. It introduced necessary clauses that allowed for the suspension of fundamental rights during emergencies. The Lok Sabha's term was extended from five to six years, and the Speaker of the Lok Sabha was granted discretionary powers, further strengthening the central government's authority.
Overall, the 42nd Amendment Act's numerous changes significantly shifted power towards the central government, reducing the influence of the states and increasing centralisation in India's governance.
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It reduced the power of the judiciary
The 42nd Amendment Act of 1976, often called the "
The 42nd Amendment significantly reduced the power of the judiciary, especially the Supreme Court and High Courts. It curtailed the power of the courts to review and invalidate laws passed by Parliament. This was achieved by amending Articles 32, 131, and 226, which limited the judiciary's role in checking the constitutionality of laws. The amendment aimed to reduce judicial interference in legislative matters, thereby strengthening Parliament's authority. It also restricted the power of the courts to issue stay orders or injunctions.
The amendment's fifty-nine clauses stripped the Supreme Court of many of its powers and moved the political system towards parliamentary sovereignty. It attempted to prevent any constitutional amendment from being "called in question in any Court on any ground". The 42nd Amendment also amended Article 368, declaring that there would be no limitation on the constituent power of Parliament to amend the Constitution.
The changes made by the 42nd Amendment were partially reversed by the 43rd and 44th Amendments. The 44th Amendment Act restored the Supreme Court and High Courts' jurisdiction and powers that they enjoyed before the 42nd Amendment Act was passed.
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It added the words 'Socialist', 'Secular', and 'Integrity' to the Preamble
The 42nd Amendment Act, also known as the "Mini Constitution", introduced several significant changes to the Indian Constitution. One notable alteration was the addition of the words "Socialist", "Secular", and "Integrity" to the Preamble. This amendment emphasised India's commitment to these principles and represented a shift towards a more centralised form of governance.
The inclusion of the word "Socialist" in the Preamble reflected the country's embrace of socialist ideals and values. This amendment affirmed India's dedication to building a society that prioritises social and economic equality, with a strong role for the state in ensuring the welfare of its citizens. It signalled a move towards a more interventionist state, where the government actively works to reduce disparities in wealth and opportunity.
Adding the word "Secular" to the Preamble underscored India's commitment to secularism, guaranteeing religious freedom and equality for all citizens, regardless of their faith. This amendment reinforced the principle of separation of church and state, ensuring that the country's laws and policies are neutral concerning religious beliefs. It promoted a vision of India where individuals of diverse faiths coexist peacefully, with the state treating all religions equally.
The addition of "Integrity" to the Preamble emphasised the importance of maintaining the unity and integrity of the nation. This amendment reflected a desire to foster a sense of national cohesion and solidarity, promoting the idea that India is a unified entity comprising diverse cultures and communities. It conveyed a commitment to preserving the country's territorial integrity and upholding the values that unite its citizens.
The changes introduced by the 42nd Amendment Act had a profound impact on India's political landscape. They reflected the country's evolving social and political ideals, shaping the relationship between the central government, the states, and the judiciary. The amendment's emphasis on centralisation sought to enhance the power of the central government relative to the states, marking a significant shift in India's federal structure.
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It curtailed democratic rights and gave more power to the Prime Minister's Office
The 42nd Amendment Act, also known as the "Mini Constitution", made sweeping changes to the Indian Constitution. The amendment was enacted in 1976 by the Indian National Congress, led by Prime Minister Indira Gandhi. It is considered one of the most significant and controversial amendments in Indian history, with far-reaching consequences for the country's political system. One of the main criticisms of the amendment is that it curtailed democratic rights and gave more power to the Prime Minister's Office.
The 42nd Amendment sought to alter the basic structure of the Indian Constitution by making extensive alterations to various provisions. It amended the Preamble, the constitution-amending clause, and numerous articles, reflecting a shift towards a more centralised form of governance. The amendment added the words "socialist", "secular", and "integrity" to the Preamble, emphasising these principles in India's national identity.
A key concern with the 42nd Amendment was its impact on democratic rights and civil liberties. The amendment gave Parliament unrestrained power to amend any part of the Constitution without judicial review, effectively moving the political system towards parliamentary sovereignty. It also restricted the power of the courts to issue stay orders or injunctions and revoked their power to determine what constituted an "office of profit". The amendment introduced clauses that allowed for the suspension of fundamental rights during external emergencies, bypassing the usual legal processes.
The 42nd Amendment significantly curtailed the powers of the judiciary, particularly the Supreme Court and High Courts. It reduced their ability to review and invalidate laws passed by Parliament, stripping the Supreme Court of many of its powers. This shift towards parliamentary sovereignty and away from judicial oversight raised concerns about the potential for misuse of power.
The amendment also had a direct impact on the Prime Minister's Office. It gave sweeping powers to the Prime Minister and their cabinet, with the President now obligated to follow the cabinet's advice. The Speaker of the Lok Sabha and the Prime Minister were granted unique discretionary powers under Article 329A. Additionally, the amendment extended the Lok Sabha's term from five to six years, further consolidating the power of the central government.
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Frequently asked questions
The 42nd Amendment Act of 1976 is called the Mini Constitution because it made a large number of amendments to the Constitution of India.
The 42nd Amendment made significant changes to the Indian Constitution, including reducing the powers of the judiciary, particularly the Supreme Court and High Courts, and shifting power towards the central government and away from the states. It also added the words 'Socialist', 'Secular', and 'Integrity' to the Preamble of the Indian Constitution.
The 42nd Amendment had a profound impact on India's federal structure, significantly increasing the power of the central government and reducing the autonomy of state governments. It also restricted the power of the courts to review and invalidate laws passed by Parliament, and added new Fundamental Duties for Indian citizens.
