42nd Amendment Changes — Definition
Definition
The 42nd Constitutional Amendment of 1976 is one of the most significant and controversial amendments in Indian constitutional history, often called the 'Mini Constitution' due to its sweeping changes.
Passed during the Emergency period under Prime Minister Indira Gandhi, this amendment fundamentally altered the character and structure of the Indian Constitution. The amendment was motivated by the political crisis of the mid-1970s and the government's desire to strengthen executive power while limiting judicial intervention.
The most visible change was the modification of the Preamble, where the words 'Socialist' and 'Secular' were added, transforming India's constitutional identity from a 'Sovereign Democratic Republic' to a 'Sovereign Socialist Secular Democratic Republic'.
Additionally, 'unity of the nation' was changed to 'unity and integrity of the nation', emphasizing territorial integrity. The amendment introduced Fundamental Duties for the first time through Article 51A, creating a new Part IVA in the Constitution.
These ten duties were inspired by the Soviet Constitution and aimed to inculcate civic responsibility among citizens. The amendment significantly expanded the Directive Principles of State Policy by adding three new articles: Article 39A (equal justice and free legal aid), Article 43A (worker participation in management), and Article 48A (environmental protection).
These additions reflected the socialist orientation of the government and emerging global concerns about environmental conservation. The 42nd Amendment also strengthened emergency provisions, making it easier to declare and maintain emergency while reducing safeguards.
It curtailed the power of judicial review by amending Article 31C, which prevented courts from questioning laws implementing Directive Principles. The amendment also affected the federal structure by giving Parliament power to legislate on subjects in the State List during emergencies and extended the term of Lok Sabha and State Assemblies from five to six years.
Other significant changes included restrictions on the publication of parliamentary proceedings, limitations on the power of courts to issue writs, and provisions for the creation of All-India Services.
The amendment was highly controversial and was seen as an attempt to concentrate power in the executive at the expense of the judiciary and federal structure. After the Emergency ended and the Janata Party came to power in 1977, many provisions of the 42nd Amendment were reversed through the 44th Amendment in 1978.
However, some changes like the addition of 'Socialist' and 'Secular' to the Preamble and Fundamental Duties remained. The 42nd Amendment represents a crucial chapter in Indian constitutional development, highlighting the tension between executive power and constitutional limitations during times of political crisis.