Constitution of India

Introduction

• 42^nd Amendment Act, 1976 is considered as one of the most remarkable amendments to the Constitution of India, 1950 (COI).
• This Amendment Act is often referred to as the Mini-Constitution as it made a large number of amendments to the COI.
• This 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 COI.

Changes Made by the 42^nd Amendment Act

• Preamble to the COI
  • This Amendment Act has made the following changes to the Preamble:
  • Added the words socialist and secular.
  • The words unity of the nation was changed to unity and integrity of the nation.
• Directive Principles of State Policy (DPSP)
  • Articles 39A, 43A and 48A were added to the Directive Principles of State Policy by this Amendment Act and changes were made to Article 39(f).
  • Article 39(f): That children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.
  • Article 39A: To promote equal justice and to provide free legal aid to the poor.
  • Article 43A: To take steps to secure the participation of workers in the management of industries.
  • Article 48A: To protect and improve the environment and to safeguard forests and wildlife.
• Fundamental Duties
  • Part IV-A was constituted which contained Fundamental Duties under Article 51 of the COI.
  • Presently there are 11 fundamental duties enlisted in the COI.
• Seventh Schedule
  • Education, Forests, Protection of wild animals and birds, Weights and Measures, and Administration of justice, constitution, and organization of all courts except the Supreme Court and the High Courts were all moved from the State list to the Concurrent list.
• Parliament
  • By the Amendment Act, the President was obligated to follow the cabinet's advice.
  • Article 257A was added which allowed the Centre to deploy central forces in the state to deal with law-and-order conflicts.
  • Quorum requirements in the Parliament and state legislatures were abolished.
  • The Parliament was given the authority to decide on the rights and privileges of its members and committees regularly.
  • The Lok Sabha and State legislative assemblies now had a six-year term instead of five.
• Emergency
  • As per the changes made in Article 352 of the COI by this Amendment Act, a proclamation of national emergency may be applicable to the entire country or only a part of it.
  • This Amendment Act extended the one-time duration of the President’s rule in a State from six months to one year.
• Judiciary
  • The High Courts' judicial review power was curtailed.
  • Provided for the creation of the All-India Judicial Service.
• Part XIV-A of the COI
  • Articles 323A and 323B were added dealt with the tribunals dealing with administrative matters and tribunals for other matters respectively.
• Suspension of the Fundamental Rights
  • This Amendment Act introduced the necessary clauses to the COI that allowed for the suspension of fundamental rights in times of need.
  • Whenever an external emergency is imposed, Article 358 of the COI has the effect of suspending the rights given by Article 19 of the COI without any special notice. It provides that Article 19 is suspended nationwide for the duration of the emergency and that emergency laws are given legal immunity.