One of the most significant amendments to the Indian Constitution is the 42nd Amendment Act of 1976. The Indian National Congress, led by Indira Gandhi, passed it at the time. This act is also known as the "Mini-Constitution" because of the enormous number of amendments it has made to the Indian Constitution.

Why is the 42nd Amendment called as ‘Mini Constitution’?

The 42nd amendment attempted to change the Indian Constitution's basic foundation. It is called as "mini-constitution" because of the following modifications in the constitution:

42nd Amendment - Criticism and Consequences

• The 42nd Amendment was broadly scrutinized, and the clampdown on common freedoms and boundless maltreatment of basic liberties by police during the national emergency irritated general society, and thus it led to the defeat of the Indira Gandhi-led Political faction in the 1977 General Elections.
• The people were outraged by the police's crackdown on civil freedoms and widespread violations of human rights.
• The Janata Party, which promised to "return the Constitution to its pre-Emergency condition," won the 1977 general elections. The Janata government responded by enacting the 43rd and 44th Amendments in 1977 and 1978, respectively, to partially restore the pre-1976 situation.
• The 42nd Amendment Act granted the Directive Principles legal primacy and supremacy over the Fundamental Rights conferred by Articles 14, 19, and 31.
• Nonetheless, the Janata Party couldn't completely accomplish its goal of re-establishing the Constitution to the condition it was in before the Emergency.

Relationship between the 44th Amendment Act and the 42nd Amendment Act

• The 44th Amendment Act was introduced by the government in 1978. The act was enacted to overturn the provisions of the 42nd Amendment Act of 1976.
• The 44th Amendment took away the government's unwarranted power.
• The 44th Amendment Act changed the Constitution's emergency provisions and made them more difficult to abuse in the future.
• It reinstated the Supreme Court's and High Courts' jurisdiction and powers, which they had before to the passage of the 42nd Amendment Act.
• It reinstated the Constitution's secular and democratic ideals.
• Article 226 was changed to restore the power of the High Courts to issue writs for purposes other than the enforcement of basic rights.
• The President is bound by ministerial advice under the 42nd and 44th Amendment Acts of 1976 and 1978, respectively.
• The 44th Amendment Act removed the Right to Property from the list of fundamental rights and established them as legal rights.
• Previously, the grounds for declaring a national emergency were external aggression and internal disturbances, but the 44th amendment changed the word "internal disturbances" to "armed rebellion."
• The 44th Amendment Act of 1978 added a new Directive Principle requiring the state to minimise inequalities in income, status, facilities, and opportunities (Article 38).

Conclusion

The 42nd amendment changed the face of the constitution, making parliament the supreme sovereign body, excluding courts from election disputes entirely, strengthening the central government to rule as a unit rather than as a federal system, and limiting the judiciary's ability to challenge legislation, effectively abolishing democracy and devaluing fundamental rights.

FAQs

Q1: What is the 42nd Amendment of the Indian Constitution?

Q2: What were the key changes made by the 42nd Amendment?

Q3: What are the fundamental duties introduced by the 42nd Amendment?

Q4: How did the 42nd Amendment affect the power of the judiciary?

Q5: What were the criticisms of the 42nd Amendment?

MCQs

1. When was the 42nd Amendment enacted?

(a) 1971

(b) 1973

(c) 1976

(d) 1980

2. Which of the following terms was added to the Preamble by the 42nd Amendment?

(a) Democratic

(b) Sovereign

(c) Secular

(d) Republic

3. What aspect of governance was significantly altered by the 42nd Amendment?

(a) The election process

(b) The relationship between the state and religion

(c) The powers of the Parliament

(d) The judicial review powers

4. Which of the following is NOT a fundamental duty introduced by the 42nd Amendment?

(a) To uphold and protect the sovereignty of India

(b) To promote communal harmony

(c) To pay taxes

(d) To defend the country

5. What impact did the 42nd Amendment have on the political landscape of India?

(a) Strengthened federalism

(b) Increased centralization of power

(c) Promoted regional autonomy

(d) Enhanced judicial independence

GS Mains Questions and Model Answers

Q1: Analyze the significance of the 42nd Amendment in the context of Indian democracy.

Answer: The 42nd Amendment, enacted during a turbulent period in Indian history, had profound implications for Indian democracy. By incorporating the terms "Socialist," "Secular," and "Integrity" into the Preamble, it reflected the government's intent to uphold these values. The amendment's introduction of fundamental duties aimed to foster a sense of responsibility among citizens. However, it also raised concerns regarding the curtailment of judicial power, as it limited the Supreme Court's ability to review constitutional amendments. This shift posed challenges to the principle of checks and balances, a cornerstone of democracy. Critics argue that the amendment's centralization of power undermined the spirit of federalism. Overall, the 42nd Amendment remains a critical point of discussion in understanding the evolution of India's constitutional framework.

Q2: Discuss the criticisms surrounding the 42nd Amendment and its impact on the Indian Constitution.

Answer: The 42nd Amendment faced significant criticism for its extensive alterations to the Indian Constitution, which many viewed as undermining democratic principles. Critics highlighted that the amendment curtailed judicial review, effectively reducing the Supreme Court's role as a guardian of the Constitution. This centralization of power raised alarms about the potential for legislative overreach, jeopardizing the system of checks and balances. Additionally, the introduction of fundamental duties, while well-intentioned, was perceived as an attempt to impose a moral framework on citizens without corresponding rights. Furthermore, the context of the Emergency during which the amendment was enacted cast a shadow on its legitimacy. Overall, the criticisms of the 42nd Amendment highlight the delicate balance between authority and accountability in a democratic framework.

Q3: Evaluate the role of the 42nd Amendment in shaping the discourse on fundamental rights and duties in India.

Answer: The 42nd Amendment played a pivotal role in shaping the discourse on fundamental rights and duties in India. By introducing a list of fundamental duties, it aimed to instill a sense of civic responsibility among citizens. This shift encouraged a broader conversation about the balance between individual rights and societal obligations, prompting debates on how these duties should be enforced. However, the amendment also sparked discussions about the adequacy of fundamental rights in protecting citizens against state overreach. Critics argue that while duties were emphasized, the corresponding rights remained inadequately defined, leading to tensions in the interpretation of individual freedoms. The amendment thus contributed to an ongoing dialogue about the nature of citizenship in India, highlighting the need for a holistic understanding of rights and responsibilities within a constitutional framework.

Previous Year Questions on  42nd Amendment Act

1. UPSC CSE 2019

Question: Discuss the implications of the 42nd Amendment on the powers of the Parliament and the judiciary in India.

Answer: The 42nd Amendment, often termed as the "Mini Constitution," significantly altered the balance of power between the Parliament and the judiciary in India. By restricting the Supreme Court's jurisdiction over constitutional amendments, it reinforced the supremacy of Parliament in legislative matters. This shift raised concerns regarding the erosion of judicial independence, as the judiciary's ability to act as a check on parliamentary power was diminished. Critics argue that this amendment created a precedent for potential legislative overreach, where Parliament could enact laws without adequate scrutiny. Furthermore, the amendment's emphasis on fundamental duties over rights sparked debates about the role of citizens in a democracy. The implications of these changes continue to influence discussions on constitutional interpretation and the functioning of democratic institutions in India, emphasizing the need for a robust framework that maintains the balance of power.

2. UPSC CSE 2021

Question: Analyze the impact of the 42nd Amendment on the fundamental rights of citizens.

Answer: The 42nd Amendment had a nuanced impact on the fundamental rights of citizens, intertwining the concepts of rights and duties within the constitutional framework. While it did not directly alter the fundamental rights enshrined in Part III of the Constitution, it introduced fundamental duties that aimed to promote responsible citizenship. This addition prompted citizens to recognize their obligations alongside their rights, fostering a sense of civic engagement. However, critics contend that the amendment diluted the emphasis on individual rights by shifting focus toward duties, potentially leading to the justification of state actions that infringe on freedoms. The reduction of judicial oversight over amendments raised alarms about the protection of fundamental rights from arbitrary legislative actions. Thus, the 42nd Amendment serves as a critical reference point in evaluating the evolution of fundamental rights and their interplay with civic responsibilities in the Indian context.