42nd Constitutional Amendment, 1976

The Constitution (Forty-second Amendment) Act, 1976 is the largest single set of changes ever made to India's Constitution. It was passed during the National Emergency of 1975–77 and changed the Preamble, Fundamental Rights, Directive Principles, the courts, Parliament and Centre-State relations. Because it changed so much, it is often called the "mini-Constitution". Many of its changes were later undone, but several important ones still remain today.

Why was it made?

On 12 June 1975, the Allahabad High Court set aside the 1971 election of the then Prime Minister, on an election petition filed by Raj Narain. Soon after, on 25 June 1975, a National Emergency was declared on the ground of "internal disturbance". During this time, the government of the day wanted to strengthen Parliament and the executive and reduce the power of the courts to strike down laws. The 42nd Amendment was the main tool for this.

Where did it come from?

In 1976, the government set up a committee under Sardar Swaran Singh to suggest changes to the Constitution. Most of the amendment was based on this committee's report. Parliament passed the Bill in November 1976. The President, Fakhruddin Ali Ahmed, gave his assent on 18 December 1976. Most of its provisions came into force on 3 January 1977.

What did it change? (The main provisions)

Here are the changes UPSC asks about most, grouped by area.

1. Preamble

• Added "socialist" and "secular" to describe India.
• Changed "unity of the Nation" to "unity and integrity of the Nation".

2. Fundamental Duties (new Part IV-A)

• Added Article 51A, listing 10 Fundamental Duties of citizens, based on the Swaran Singh Committee's advice. Examples: respect the Constitution, the National Flag and the National Anthem; protect the environment; develop a scientific temper.
• An 11th duty (parents to give children aged 6 to 14 a chance for education) was added later by the 86th Amendment, 2002.

3. New Directive Principles of State Policy (DPSPs)

• Article 39A: equal justice and free legal aid for the poor.
• Article 43A: participation of workers in the management of industries.
• Article 48A: protection and improvement of the environment, and safeguarding of forests and wildlife.
• It also changed Article 39(f) to require that children get opportunities to develop in a healthy manner.

4. Seventh Schedule (Centre-State lists)

Five subjects were moved from the State List to the Concurrent List (the list where both Centre and states can make laws):

• Education
• Forests
• Protection of wild animals and birds
• Weights and measures
• Administration of justice (constitution and organisation of all courts except the Supreme Court and High Courts)

A simple way to remember: E-F-W-W-A.

5. Parliament and the executive

• Article 74(1): The President was made bound to act according to the advice of the Council of Ministers headed by the Prime Minister.
• Term of the Lok Sabha and state Legislative Assemblies was extended from 5 to 6 years.
• The number of Lok Sabha and Assembly seats was frozen on the basis of the 1971 Census until the 2001 Census, so that states that controlled population growth would not lose seats.
• The quorum rule (minimum members present for a meeting) for Parliament and state legislatures was removed.

6. Limiting the courts

• Article 368(4) and 368(5) were added. They said no constitutional amendment could be questioned in any court, and that there was no limit on Parliament's power to amend.
• Article 31C was widened. Earlier, it protected laws made to give effect to Article 39(b) and (c) from challenge under Articles 14 and 19. The 42nd Amendment extended this protection to laws for any Directive Principle.
• New articles like 32A, 131A, 144A, 226A and 228A restricted the power of the Supreme Court and High Courts to examine the validity of laws. For example, Article 144A required at least seven judges, and a two-thirds majority, to strike down a law.

7. Tribunals (new Part XIV-A)

Article 323A (administrative tribunals for government service matters) and Article 323B (tribunals for matters such as tax, industrial disputes and land reform) were added. The Central Administrative Tribunal (set up in 1985) is based on Article 323A.

8. Emergency and Centre-State powers

• A National Emergency under Article 352 could now be applied to the whole country or only a part of it.
• The duration of one approval of President's Rule (Article 356) in a state was increased from 6 months to 1 year.
• Article 257A let the Centre deploy its armed forces in a state to deal with law and order.

What happened after the Emergency? (43rd and 44th Amendments)

After the 1977 elections, the new government undid many changes.

• The 43rd Amendment (1977) removed Articles 31D, 32A, 131A, 144A, 226A and 228A, restoring the powers of the courts.
• The 44th Amendment (1978) brought the term of the Lok Sabha and Assemblies back to 5 years, restored quorum, removed Article 257A, and added safeguards to emergency powers. It also allowed the President to send advice back once for reconsideration, though the President must accept the advice the second time.

What did the courts do?

In Minerva Mills v. Union of India (1980), a five-judge bench of the Supreme Court struck down two parts of the 42nd Amendment:

• Section 55, which added Article 368(4) and (5). The court said a limited amending power is itself a basic feature, so Parliament cannot give itself unlimited power. Judicial review is also a basic feature.
• Section 4, which widened Article 31C to all Directive Principles. The court said the Constitution rests on a balance between Fundamental Rights and Directive Principles, and giving the DPSPs total priority would destroy this balance.

What still survives today?

The Preamble words, Fundamental Duties (Part IV-A), Articles 39A, 43A and 48A, tribunals (Part XIV-A), the transfer of five subjects to the Concurrent List, and Article 74(1)'s binding advice (with the 44th Amendment's change).

Commonly confused concepts

• 42nd vs 44th Amendment: The 42nd (1976) increased the power of the Centre and Parliament. The 44th (1978) reversed many of those changes and added safeguards. Example: Lok Sabha term 5 → 6 years (42nd), then back to 5 years (44th).
• "Internal disturbance" vs "armed rebellion": This change in Article 352 was made by the 44th Amendment, not the 42nd. The 1975 Emergency was declared on the ground of "internal disturbance".
• Fundamental Duties vs Fundamental Rights: Rights (Part III) are enforceable in court. Duties (Part IV-A) are not directly enforceable but guide citizens and courts.
• Right to property: It was removed from the list of Fundamental Rights by the 44th Amendment (now a legal right under Article 300A), not by the 42nd.
• Concurrent List transfer vs new subject: The 42nd Amendment did not create new subjects like education; it moved them from the State List to the Concurrent List.

Issues, criticism and the way forward

• Passed during the Emergency: Critics point out that the amendment was passed when many opposition members were in jail and civil liberties were suspended, so it lacked full democratic debate.
• Weakening the courts: Its attempt to block judicial review was seen as a threat to the rule of law. The courts and later amendments reversed most of it.
• Centralisation: Moving education and forests to the Concurrent List gave the Centre more say in matters earlier left to states. Some states still argue for returning education to the State List, while others see value in national standards.
• Lasting good changes: Supporters note that some additions, like free legal aid (Article 39A), environmental protection (Article 48A) and Fundamental Duties, have proved useful and are widely accepted.
• Lesson: The episode is often cited to show why the basic structure doctrine and independent courts matter: they stop any temporary majority from rewriting the Constitution's core.

Concepts to Know

• National Emergency (Article 352): A situation where the President declares that India's security is threatened by war, external aggression or (now) armed rebellion. During it, the Centre gets much greater power.
• Directive Principles of State Policy (DPSPs): Guidelines in Part IV of the Constitution that the government should follow while making laws and policies, such as reducing inequality. Courts cannot enforce them directly.
• Judicial review: The power of courts to check whether a law or action follows the Constitution, and to strike it down if it does not.
• Concurrent List: A list in the Seventh Schedule of subjects on which both Parliament and state legislatures can make laws. If they clash, the central law usually prevails.
• Quorum: The minimum number of members who must be present for a meeting of a House to be valid.
• Tribunal: A special body, like a court, that settles disputes in one specific area, such as government service matters or taxes.