42nd Constitutional Amendment Act, 1976

The 42nd Constitutional Amendment Act, 1976, stands as one of the most significant and controversial amendments in the history of Indian democracy. Introduced during the Emergency under Prime Minister Indira Gandhi, this amendment sought to alter fundamental aspects of the Constitution, earning it the title of the “Mini-Constitution.” It marked a pivotal moment when the balance of power between the Executive, Judiciary, and Legislature was redefined. While some changes were intended to strengthen governance, many were seen as attempts to centralize power and diminish democratic checks. This article examines the key aspects of the 42nd Amendment, its impact on Indian Constitutional law, and the subsequent judicial and legislative responses.

What is the 42nd Amendment Act?

The 42nd Constitutional Amendment Act, 1976 was enacted with the purpose of introducing far-reaching changes to the Constitution of India. It amended 40 Articles, introduced 14 new Articles, added two new Parts, and altered the Seventh Schedule. The objective was to strengthen the Executive’s control, particularly in times of emergency, while also curbing the powers of the Judiciary. The amendment reshaped key areas of the Constitution, including the Preamble, Fundamental Rights, and the Directive Principles of State Policy (DPSP). The sweeping nature of these changes led to the amendment being labeled as the “Mini-Constitution.”

The 42nd Constitutional Amendment: The Mini-Constitution

The 42nd Amendment is often referred to as the “Mini-Constitution” due to the sheer scale of alterations it brought to India’s foundational legal document. This amendment redefined the relationship between the Central government and the States, curtailed the powers of the Judiciary, and enhanced the authority of the Executive during emergency situations. Many of these changes were based on recommendations made by the Swaran Singh Committee, which was appointed by the government to examine the need for reforms. The amendment was a reflection of the then-government’s desire to centralize power and implement a more authoritarian governance structure during the Emergency.

Key Changes Introduced by the 42nd Amendment

Several crucial changes were introduced through the 42nd Amendment, which had lasting impacts on the functioning of the Indian State:

• Preamble Alterations: The words “Socialist”, “Secular”, and “Integrity” were added to the Preamble. This marked a shift in India’s ideological direction, with a focus on Socialism and Secularism, although these terms sparked debate over their true meaning in the Indian context.
• Judiciary Curtailment: The powers of the Supreme Court and High Courts were significantly restricted. The introduction of Article 31C limited the Judiciary’s ability to review laws made to implement the Directive Principles, even if they violated Fundamental Rights.
• Directive Principles of State Policy: New provisions were added to the DPSP, including Article 39A (equal justice and free legal aid), Article 43A (worker participation in industry management), and Article 48A (environmental protection). These additions aimed to make the State more socially responsible.
• Extension of Legislative Terms: The term of the Lok Sabha and State Legislative Assemblies was extended from five to six years, a change that was widely criticized for delaying elections and weakening democratic processes.
• Emergency Provisions: The Amendment 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 led to concerns about potential misuse of emergency powers.
• Transfer of Subjects to Concurrent List: Several key subjects, including education, forests, and weights and measures, were moved from the State List to the Concurrent List, thereby increasing Central control over these subjects.

Fundamental Duties in the 42nd Amendment Act

One of the most notable features of the 42nd Amendment was the introduction of Fundamental Duties under Part IV-A of the Constitution. Inspired by the Constitutions of Socialist Nations, these duties were outlined in Article 51A and imposed moral obligations on citizens to uphold the Constitution, protect the Nation’s Sovereignty, safeguard public property, and promote environmental harmony. Although these duties were not enforceable by law, they served as a reminder to citizens of their responsibilities towards the State.

Judicial and Legislative Reactions: The 44th Amendment

The extensive changes introduced by the 42nd Amendment sparked widespread opposition. After the Emergency ended, the Janata Party came to power and sought to restore the democratic principles eroded by the Amendment. The 44th Constitutional Amendment Act, 1978, was passed to roll back several provisions of the 42nd Amendment, particularly those that curtailed Judicial Review and expanded Executive power.

The landmark case of Minerva Mills Ltd. v. Union of India (1980) also played a critical role in undoing the damage caused by the 42nd Amendment. The Supreme Court struck down the provisions of Article 31C, which had given Directive Principles precedence over Fundamental Rights, and reaffirmed the basic structure doctrine established in the Kesavananda Bharati case (1973). This doctrine asserts that while the Constitution can be amended, its basic structure—such as Democracy, Secularism, and Judicial Review—cannot be altered.

Conclusion

The 42nd Constitutional Amendment Act of 1976 stands as a stark reminder of the delicate balance between governance and Constitutional integrity. While it introduced progressive elements such as Fundamental Duties and strengthened the Directive Principles, it also Centralized power, weakened the Judiciary, and curtailed democratic freedoms. The subsequent passage of the 44th Amendment and the Supreme Court’s rulings in cases like Minerva Mills restored much of the balance between the Executive, Judiciary, and Legislature, ensuring that India’s democratic foundations remained intact.

Sharing is caring!