42nd Amendment Act 1976, Provisions, Changes, Case Law, Year

The 42nd Amendment Act, 1976, is one of the most extensive amendments to the Constitution of India. Often called the "Mini-Constitution", it amended more than 40 Articles, changed the Seventh Schedule, inserted new provisions, and attempted to strengthen Parliament and the Executive during the Emergency period.

The 42nd Amendment Act was enacted during the National Emergency of 1975–77 under the Indira Gandhi government. It introduced important and lasting changes, including the insertion of the words "Socialist", "Secular", and “Integrity” into the Preamble and the addition of Fundamental Duties under Article 51A. The Supreme Court later invalidated several provisions that curtailed judicial review or gave Parliament unlimited amending power.

42nd Amendment Act 1976 Background

The 42nd Amendment Act emerged during the National Emergency in India (1975–1977), when the government sought broad constitutional changes. In February 1976, the Congress President appointed the Swaran Singh Committee to examine and suggest constitutional amendments. 

• The Committee submitted its final report on 22 May 1976, and several of its recommendations were incorporated into the amendment.
• The 42nd Constitutional Amendment Act proposed wide-ranging changes affecting the Preamble, Fundamental Duties, Directive Principles of State Policy, Centre–State relations, the judiciary, and Parliament.

42nd Amendment Act Objectives

The 42nd Amendment Act, 1976 aimed to make wide-ranging changes to the Constitution, particularly during the Emergency. Its major objectives included:

• Strengthening the Directive Principles of State Policy to promote social and economic justice.
• Emphasising national unity and integrity by adding these ideas to the Preamble and introducing Fundamental Duties.
• Strengthening the Union Government by altering aspects of Centre–State relations.
• Limiting judicial intervention in certain constitutional and legislative matters.
• Providing for Fundamental Duties of citizens through a new Article 51A.
• Giving greater importance to socio-economic objectives by expanding the scope of certain Directive Principles.
• Reforming constitutional and administrative arrangements, including provisions for tribunals in India and elections.

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42nd Constitutional Amendment Act Provisions and Changes

The 42nd Constitutional Amendment Act, 1976 introduced wide-ranging changes to the Constitution, affecting the Preamble, Fundamental Rights, DPSPs, Fundamental Duties, judiciary, Parliament, and Centre–State relations.

• Preamble: “Socialist”, “Secular” and “Integrity” were added to the Preamble of Indian Constitution, reflecting the constitutional commitment to social and economic justice, secularism and national unity.
• Fundamental Duties: A new Part IVA containing Article 51A was inserted. It introduced 10 Fundamental Duties for citizens, including respecting the Indian Constitution, protecting national unity, promoting harmony, and protecting the environment.
• Directive Principles of State Policy: Several DPSPs were strengthened to promote social and economic justice. New provisions directed the State to provide free legal aid (Article 39A), ensure workers’ participation in management (Article 43A), and protect the environment and forests (Article 48A).
• Article 31C: The Amendment expanded the protection under Article 31C to laws implementing any of the Directive Principles, instead of only those implementing Articles 39(b) and 39(c). 
  • This expansion was subsequently declared unconstitutional by the Supreme Court in Minerva Mills v. Union of India (1980).
• Judicial Review: The Amendment attempted to restrict the jurisdiction of the Supreme Court and High Courts in constitutional matters. It sought to prevent courts from questioning certain constitutional amendments and laws, thereby increasing the role of Parliament.
• Centre–State Relations: The Amendment strengthened the Union's position in relation to the States. It transferred five subjects from the State List to the Concurrent List: education, forests, protection of wild animals and birds, administration of justice, and weights and measures.
• Parliament and State Legislatures: The term of the Lok Sabha and State Legislative Assemblies was increased from 5 years to 6 years. This provision was later reversed by the 44th Constitutional Amendment Act, 1978, restoring the term to five years.
• President: Article 74 was amended to make it explicit that the President of India must act in accordance with the advice of the Council of Ministers.
• Tribunals: A new Part XIV-A was inserted. Article 323A provided for Administrative Tribunals, while Article 323B provided for tribunals dealing with specified matters such as taxation, labour disputes and elections.
• Constitutional Amendment Power: The Amendment attempted to establish that no constitutional amendment could be questioned in any court on any ground. It also declared that there would be no limitation on Parliament's constituent power to amend the Constitution. 
  • These provisions were later struck down by the Supreme Court in Minerva Mills v. Union of India (1980).

42nd Constitutional Amendment Act Case Laws

The 42nd Amendment Act, 1976 made wide-ranging changes to the Constitution. Several important Supreme Court cases subsequently examined these changes and shaped the basic structure doctrine.

• Kesavananda Bharati v. State of Kerala (1973): Although decided before the 42nd Amendment, the judgment established the Basic Structure Doctrine, holding that Parliament can amend the Constitution but cannot alter its basic structure.
  • This became the principal constitutional basis for reviewing several provisions introduced by the 42nd Amendment.
• Minerva Mills Ltd. v. Union of India (1980): The Supreme Court struck down Sections 4 and 55 of the 42nd Amendment. Section 4 expanded Article 31C to give precedence to all Directive Principles over Fundamental Rights under Articles 14 and 19, while Section 55 attempted to make Parliament’s amending power unlimited. The Court held that limited amending power and judicial review are part of the basic structure.
• L. Chandra Kumar v. Union of India (1997): The Supreme Court held that the power of judicial review of legislative and administrative action by the High Courts under Article 226 and by the Supreme Court under Article 32 is part of the basic structure. 
  • This is relevant to the 42nd Amendment because it sought to restrict judicial review through provisions relating to tribunals and constitutional adjudication.

42nd Amendment Act Criticism

The 42nd Amendment Act was criticised because several of its provisions altered the balance between Parliament, the judiciary, Fundamental Rights and the States. The major criticisms were:

• Excessive Centralisation: It strengthened the Union at the expense of the States, particularly by transferring subjects to the Concurrent List and expanding Union influence.
• Curtailment of Judicial Review: Provisions attempting to restrict the Supreme Court of India and High Courts' power of judicial review were criticised for weakening an important constitutional check on government power.
• Weakening of Fundamental Rights: The expansion of Article 31C gave greater protection to laws implementing DPSPs, potentially reducing the enforceability of Fundamental Rights.
• Excessive Parliamentary Power: The Amendment attempted to make Parliament's constituent power virtually unlimited, including by preventing courts from questioning constitutional amendments.

42nd Amendment Act Impacts

The 42nd Amendment Act of 1976 had both enduring and reversed consequences. After the Emergency ended and the Janata Party government came to power in 1977, several controversial provisions were reconsidered.

• 43rd Constitutional Amendment Act, 1977: Reversed several provisions that had curtailed the jurisdiction of the Supreme Court and High Courts, thereby restoring important aspects of judicial review.
• 44th Constitutional Amendment Act, 1978: Reversed several Emergency-era changes, including restoring the five-year term of the Lok Sabha and State Assemblies and strengthening safeguards relating to the proclamation of Emergency.
• Rebalancing Constitutional Institutions: The post-Emergency constitutional developments strengthened the role of judicial review, Fundamental Rights and institutional checks, limiting the centralising effects of the 42nd Amendment.
• Greater Emphasis on Socio-economic Transformation: Through changes favouring DPSPs and provisions relating to socio-economic objectives, the Amendment sought to strengthen the constitutional basis for pursuing social and economic justice.

42nd Amendment Act UPSC PYQs

Q1: Which principle among the following was added to the Directive Principles of State Policy by the 42nd Amendment to the Constitution? (UPSC Prelims 2017)

a.) Equal pay for equal work for both men and women

b.) Participation of workers in the management of industries

c.) Right to work, education, and public assistance

d.) Securing living wage and human conditions of work to workers

Ans: (b)