42nd Constitutional Amendment Act 1976, Provisions, Case Law

The 42nd Constitutional Amendment Act 1976 is the most important constitutional amendment and also known as the ‘Mini Constitution’ of India. Indira Gandhi was heading the Indian Congress when these changes were implemented. In this article, we are going to cover the 42nd Constitutional Amendment Act 1976 and its importance and major changes that were implemented. 

42nd Constitutional Amendment Act 1976

The 42nd Constitutional Amendment Act 1976 introduced some major changes in the Constitution of India. Also known as the Constitution Act of 1976, this act made the following changes in the constitution: 

• Reduce the power of the supreme court and the high court
• Laid down fundamental duties for citizens
• Terms- socialist, secular and integrity were added to the Preamble 

42nd Constitutional Amendment Act Provisions

The 42nd Constitutional Amendment Act 1976 altered the basic structure of the Constitution of India. The changes include: 

42nd Constitutional Amendment Act Case Law

The 42nd Constitutional Amendment Act faced major judicial review, leading to landmark rulings that restored constitutional balance and judicial powers.

• In the Minerva Mills v. Union of India Case (1980), the Supreme Court became the most important judicial check on the 42nd Amendment and protected the Constitution’s basic structure. 
• The Court struck down Section 4 of the 42nd Amendment, which gave Directive Principles priority over Fundamental Rights in many cases. 
• The Court invalidated Section 55, which attempted to give Parliament unlimited power to amend the Constitution under Article 368.
• The judgment reaffirmed that judicial review is a basic feature of the Constitution and cannot be removed by constitutional amendments.
• The Court relied on the Kesavananda Bharati judgment and held that Parliament cannot alter the Constitution’s basic structure.
• The Janata Government reversed several Emergency-era changes, restored powers of the Supreme Court and High Courts, and replaced “Internal Disturbance” with “Armed Rebellion” for National Emergency through 43rd and 44th Amendments.

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