42nd Amendment act of Indian Constitution

42nd Amendment Act

The 42nd Amendment Act, also known as the “Mini-Constitution”, was passed by the Indian Parliament in 1976 during the Emergency declared by then Prime Minister Indira Gandhi. The amendment made significant changes to the Indian Constitution and has been the subject of much debate and controversy.

The 42nd Amendment Act made changes to various parts of the Indian Constitution including the Preamble, Fundamental Rights, Directive Principles of State Policy and the powers of the Judiciary.

One of the most important changes brought about by the 42nd Amendment Act was the addition of the words “socialist” and “secular” in the Preamble. This was done to show the Indian state’s commitment to socialism and secularism, the two core values of the Indian Constitution.

The amendment also gave priority to the Directive Principles of State Policy over the Fundamental Rights. This meant that the government could impose restrictions on fundamental rights if they were deemed necessary to meet the objectives of the Directive Principles.

keypoints highlighted

Here are some key points to highlight about the 42nd Amendment Act of the Indian Constitution:
The 42nd Amendment Act was passed in 1976 during the Emergency period declared by the then Prime Minister Indira Gandhi.
The amendment added the words “socialist” and “secular” to the Preamble of the Constitution.
The amendment gave more power to the central government at the expense of the states, allowed the government to declare a state of emergency on the grounds of internal disturbances, and curtailed the power of the judiciary to challenge the validity of laws passed by Parliament.
The amendment gave priority to the Directive Principles of State Policy over fundamental rights, which led to concerns about curtailment of individual liberties.
The 42nd Amendment Act was controversial and criticized for being undemocratic, as it was passed without adequate debate and discussion in Parliament.
The amendment is significant for its historical significance as a “mini-constitution” and its ongoing influence on Indian politics and society.
Amendments to the constitution are done to meet the changing needs of the society, to reflect the changing values and aspirations, to rectify the loopholes in the original constitution, to ensure the relevance of the constitution and to protect individual rights.

Needs of Amendment

To address social and economic issues:

Amendments to the Constitution may be made to address social and economic issues facing the country. For example, the 73rd and 74th Amendments were made to empower local government bodies and promote rural and urban development.

To reflect changing values and aspirations:

As the values and aspirations of the Indian people change, amendments may be made to the Constitution to reflect these changes. For example, the 42nd Amendment added the words “socialist” and “secular” to the Preamble to reflect the changing political climate in the country.

To correct the defects in the original constitution:

The Constitution was drafted in the aftermath of India’s independence from British colonial rule. Over time, defects in the original Constitution may become apparent, and amendments may be made to correct these defects. For example, the 97th Amendment was made to correct a flaw in the original Constitution that prevented the reservation of seats for women in local government bodies.

To ensure that the Constitution remains relevant:

The Constitution is a living document that must remain relevant to the changing needs of society. Amendments may be made to ensure that the Constitution remains relevant and effective in addressing the challenges facing the country.

To ensure that the Constitution protects individual rights:

The Constitution is a fundamental document that protects the individual rights and freedoms of the Indian people. Amendments may be made to ensure that these rights are protected and that the Constitution remains a strong defense against the abuse of power.

Importance of 42nd Amendment

The 42nd Amendment Act of the Indian Constitution is important for several reasons:

Emphasis on Socialism and Secularism:

The amendment added the words “socialist” and “secular” to the Preamble of the Constitution, indicating the Indian state’s commitment to these values. This marked a departure from the original vision of the Constitution, which did not explicitly mention these principles. Its emphasis on socialism and secularism has had a significant impact on Indian politics and society.

Increase in the power of the central government:

The 42nd Amendment Act gave more power to the central government at the expense of the states. It allowed the government to declare a state of emergency on the grounds of internal disturbances, and it curtailed the power of the judiciary to challenge the validity of laws passed by Parliament. This had important implications for the federal structure of the Indian state.

Subordination of Fundamental Rights:

The amendment gave priority to the Directive Principles of State Policy over fundamental rights, which led to concerns about curtailment of individual liberties. It has been a subject of ongoing debate in Indian politics and society.

Controversy and Criticism:

The 42nd Amendment Act was passed during the Emergency declared by the then Prime Minister Indira Gandhi, a period of political turmoil in the country. The amendment was criticized for being undemocratic, as it was passed without adequate debate and discussion in Parliament. Critics argued that it destroyed the basic structure of the Indian Constitution and gave too much power to the central government.

Historical significance:

The 42nd Amendment Act is sometimes referred to as a “mini-constitution” because of the significant changes it made. It is an important moment in the history of the Indian Constitution and a reminder of the importance of democratic processes and open debate when making changes to the fundamental laws of the country.

In sum, the 42nd Amendment Act of the Indian Constitution is significant for its emphasis on socialism and secularism, increase in the power of the central government, subordination of fundamental rights, its controversy and criticism, and its historical significance as a “mini-“. Constitution.” It remains a subject of debate and discussion in Indian politics and society.

Impacts of 42nd Amendment

The 42nd Amendment Act had many important effects on the Indian Constitution and the country as a whole. Here are some of the key effects of the amendment:

Centralization of Power:

The 42nd Amendment Act significantly increased the power of the central government at the expense of the states. The amendment gave the central government the power to declare a state of emergency on the grounds of internal disturbance and it curtailed the power of the judiciary to challenge the validity of laws passed by Parliament. This gave rise to concerns about the erosion of the federal structure of the Indian state.

Emphasis on Socialism and Secularism:

The words “socialist” and “secular” were added to the Preamble of the Indian Constitution by the 42nd Amendment Act. It was seen as a reflection of the Indian state’s commitment to these two values. However, some critics argued that the emphasis on socialism and secularism was a departure from the original vision of the constitution.

Subordination of Fundamental Rights:

The 42nd Amendment Act gave priority to the Directive Principles of State Policy over the Fundamental Rights. This meant that the government could impose restrictions on fundamental rights if they were deemed necessary to meet the objectives of the Directive Principles. This was seen as a significant curtailment of personal liberty.

Extent of Parliament:

The 42nd Amendment Act increased the size of the Lok Sabha, the lower house of the Parliament, from 525 to 545. This was seen as an attempt to give more representation to the different regions and communities of the country.

Controversy and Criticism:

The 42nd Amendment Act was passed during the Emergency declared by the then Prime Minister Indira Gandhi, a period of political turmoil in the country. The amendment was criticized for being undemocratic, as it was passed without adequate debate and discussion in Parliament. Critics also argued that it destroyed the basic structure of the Indian Constitution and gave too much power to the central government.

Overall, the 42nd Amendment Act had a significant impact on the Indian Constitution and the country as a whole. Although some of the changes it made are still in force today, many of the more controversial provisions were later amended or withdrawn. The legacy of the amendment is a reminder of the importance of democratic processes and the need for open and transparent debate while making changes to the country’s fundamental laws.

Important provisions and changes:

The 42nd Amendment to the Constitution of India was enacted in 1976 during the period of emergency in the country. It was one of the most comprehensive amendments made to the Indian Constitution and introduced significant changes to various aspects of governance, fundamental rights, and the balance of power between the central government and the states.

Here are some key provisions and changes brought about by the 42nd Amendment:

1. Fundamental Duties:

The amendment added a new part, Part IV-A, to the Constitution, which included a list of ten Fundamental Duties for citizens of India. These duties were non-justiciable, meaning they could not be enforced by the courts.

2. Strengthening Directive Principles:

The amendment declared that the Directive Principles of State Policy are fundamental to the governance of the country and should be considered while making laws. It also restricted the power of judicial review over laws related to Directive Principles.

3. Fundamental Rights:

The amendment curtailed certain fundamental rights. The right to property, originally a fundamental right, was removed from the list and made a legal right under Article 300A. The amendment also restricted the right to approach the courts for enforcing fundamental rights during the period of emergency.

4. Extension of Emergency Provisions:

The amendment extended the duration of the emergency provisions, including the President’s rule in states and the suspension of fundamental rights, during times of emergency.

5. Judicial Review:

The amendment sought to limit the power of judicial review by stating that Parliament has the power to determine the scope and jurisdiction of the courts, including the Supreme Court.

6. Changes to the President’s powers:

The amendment increased the President’s powers by giving him the authority to send back advice given by the Council of Ministers for reconsideration.

7. Changes to State-Federal Relations:

The amendment made changes to the distribution of powers between the central government and the states. It enhanced the power of the central government by giving it control over certain areas that were previously under state jurisdiction.

8. Changes to the Election Process:

The amendment made changes to the election process by introducing anti-defection provisions. It disqualified elected representatives from Parliament or state legislatures if they defected from the party on whose ticket they were elected.

The 42nd Amendment was highly controversial, with critics arguing that it concentrated power in the hands of the central government and undermined the principles of federalism and individual rights. Some provisions of the amendment have been subsequently modified or struck down by subsequent amendments and judicial decisions.