42nd Constitutional Amendment Act, Provisions, Key Details

Changes in Provisions by the 42nd Amendment Act

Details of the Amendment

Preamble

• For the words “Sovereign Democratic Republic”, the words “Sovereign
  Socialist Secular Democratic Republic” was substituted
• For the words “unity of the Nation”, the words “unity and
  integrity of the Nation” was substituted.

7th Schedule

Transferred five subjects from the state list to the concurrent list:

1. Education
2. Forests
3. Weights & Measures
4. Protection of Wild Animals and Birds
5. Administration of Justice

Article 51A

10 Fundamental Duties added for the citizens. (The Fundamental Duties of citizens were added upon the recommendations of the Swaran Singh Committee that was constituted by the government in 1976)

Parliament

1. Made President bound to the advice of the cabinet
2. Allowed Centre to deploy central forces in State to deal with the conflicting situations of law and order (Article 257A)
3. Gave special discretionary powers to the speaker of  the Lok Sabha and Prime Minister (Article 329A)
4. Directive Principles were given precedence over Fundamental Rights and any law made to this effect by the Parliament was kept beyond the scope of judicial review by the Court

Judicial Powers of HC

Curtailed the judicial review power of the High Courts

Articles 323A and 323B, Part XIV-A 

Part XIV-A added entitled as ‘Tribunals dealing with Administrative matters’ and ‘Tribunals for other matters’

DPSPs 

Three new DPSPs (Directive Principles of State Policy) were added to the existing list of DPSPs and one was amended:

1. To secure opportunities for the healthy development of children (Article 39)
2. To promote equal justice and to provide free legal aid to the poor (Article 39 A)
3. To take steps to secure the participation of workers in the management of industries (Article 43 A)
4. To protect and improve the environment and to safeguard forests and wildlife (Article 48 A)