Introduction to 42nd Amendment Act of Indian Constitution UPSC

Recently, 42^nd Amendment act of Indian Constitution was in news due to ongoing Supreme Court discussions which involve a petition that challenging the inclusion of ‘socialist’ and ‘secular’ in the Preamble.

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Why 42^nd Amendment act of Indian Constitution is in News? – Latest UPSC Current Affairs

The 42nd Amendment Act of the Indian Constitution, enacted in 1976 during the state of Emergency, has recently got attention due to legal proceedings in the Supreme Court. This amendment, carried out under Prime Minister Indira Gandhi’s government, made significant alterations, including amending the Preamble.

What is a Constitutional Amendment Act in India?

In India, a Constitutional Amendment Act is a legislation that brings about changes or additions to the provisions of the Indian Constitution. There are different procedure of Amendment of Indian Constitution depends on what getting changed. Mostly, It requires a special majority in both houses of Parliament – Lok Sabha and Rajya Sabha – and ratification by at least half of the states.

Procedure of Amendment of Indian Constitution

To change the Indian Constitution, here’s a simple process:

1. Start with a bill introduced in Parliament, not in state legislatures.
2. Anyone, be it a minister or an ordinary member, can introduce the bill without needing the president’s prior permission.
3. The bill needs a special majority in each house – more than half the total members and two-thirds of those present and voting.
4. Both houses must pass the bill separately; no joint sitting in case of disagreement.
5. If it amends federal provisions, half the states’ legislatures must agree by a simple majority.
6. Once Parliament and states (if needed) approve, it goes to the president.
7. The president must give assent; no refusal or sending back for reconsideration.
8. After the president’s approval, the bill becomes an Act, amending the Constitution accordingly.

Types of Amendment in Constitution

While there are different ways to categorize amendments to the Indian Constitution, there are generally considered to be three main types based on the required approval process:

1. Amendment by Simple Majority

This type requires only a simple majority (i.e., more than 50% of members present and voting) in both houses of Parliament (Lok Sabha and Rajya Sabha) for approval. These amendments typically deal with procedural or minor changes to the Constitution. We added a few example that need simple majority in parliament below-

A constitutional amendment in India that pertains to specific provisions can be altered by a simple majority of the two Houses of Parliament, as outlined outside the purview of Article 368. The areas subject to a simple majority amendment include:

1. Admission or establishment of new states.
2. Formation of new states and changes to the areas, boundaries, or names of existing states.
3. Abolition or creation of legislative councils in states.
4. Second Schedule, covering emoluments, allowances, privileges of the president, governors, Speakers, judges, etc.
5. Quorum in Parliament.
6. Salaries and allowances of Parliament members.
7. Rules of procedure in Parliament.
8. Privileges of Parliament, its members, and committees.
9. Use of the English language in Parliament.
10. Determination of the number of puisne judges in the Supreme Court.
11. Expanding the jurisdiction of the Supreme Court.
12. Use of the official language.
13. Citizenship matters, including acquisition and termination.
14. Electoral processes for Parliament and state legislatures.
15. Delimitation of constituencies.
16. Administration of Union territories.
17. Administration of scheduled areas and scheduled tribes under the Fifth Schedule.
18. Administration of tribal areas under the Sixth Schedule.

2. Amendment by Special Majority

This type requires a special majority (i.e., two-thirds of the members present and voting) in both houses of Parliament for approval. These amendments deal with more significant changes, and often relate to the structure and powers of the government or fundamental rights.

The constitutional provisions that require a special majority for amendment encompass:

1. Fundamental Rights: These are the basic rights and freedoms guaranteed to individuals, ensuring protection and equality under the law.
2. Directive Principles of State Policy: These are the guidelines or principles given to the government to establish social and economic justice in the country.
3. All Other Provisions Not Covered Elsewhere: Any constitutional provisions not falling under the first (simple majority) or third (special majority with state ratification) categories.

3. Amendment by Special Majority and Ratification by States

This type requires not only a special majority in both houses of Parliament but also ratification by at least half of the state legislatures. These amendments are used for the most substantial changes to the Constitution, such as altering the federal structure or electoral system.

Constitutional provisions that necessitate both a special majority in Parliament and ratification by the states for amendment include:

1. Election of the President and its manner.
2. Extent of the executive power of the Union and the states.
3. Supreme Court and high courts.
4. Distribution of legislative powers between the Union and the states.
5. Any of the lists in the Seventh Schedule.
6. Representation of states in Parliament.
7. Power of Parliament to amend the Constitution and its procedure (Article 368 itself).

What is 42^nd Amendment Act of Indian Constitution?

The 42nd Amendment Act of the Indian Constitution, also known as the “Mini-Constitution” due to its sweeping changes, was enacted in 1976 during the Emergency period (1975-1977). It remains one of the most controversial amendments in the country’s history. Here’s a breakdown of its key features:

Major changes –

• Added terms “socialist” and “secular” to the Preamble: This aimed to emphasize these goals alongside “sovereign democratic republic.”
• Curtailed judicial power: Articles 368 and 352 were amended to limit the Supreme Court’s power to review the validity of constitutional amendments and restrict the scope of judicial review during emergencies.
• Enlarged Fundamental Duties: Ten new duties were added to existing Fundamental Rights, outlining responsibilities of citizens.
• Strengthened Directive Principles: Directive Principles were made “non-justiciable”, meaning they couldn’t be directly enforced by courts but given precedence over Fundamental Rights in certain cases.
• Increased central government power: Provisions were added to centralize control over states in areas like elections and maintenance of law and order.

Controversies –

• Undermined democracy: Critics argued it concentrated power in the executive and weakened checks and balances, reducing democratic space.
• Reduced judicial independence: Limiting judicial review was seen as an attack on the judiciary’s role as guardian of the Constitution.
• Erosion of federalism: Increased central control was viewed as infringing on state autonomy.

All Amendments under 42^nd Amendment act of Indian Constitution

The 42nd Amendment Act of the Indian Constitution, often referred to as the ‘Mini-Constitution,’ introduced several significant changes. Here are the amendments made:

1. Added three new words (socialist, secular, integrity) to the Preamble.
2. Added Fundamental Duties by citizens (new Part IVA).
3. Made the President bound by the advice of the cabinet.
4. Provided for administrative tribunals and tribunals for other matters (Added Part XIV A).
5. Froze seats in Lok Sabha and state legislative assemblies based on the 1971 census until 2001.
6. Made constitutional amendments beyond judicial scrutiny.
7. Curtailed the power of judicial review and writ jurisdiction of the Supreme Court and high courts.
8. Extended the tenure of Lok Sabha and state legislative assemblies from 5 to 6 years.
9. Laws for implementing Directive Principles cannot be declared invalid on grounds of violating Fundamental Rights.
10. Empowered Parliament to make laws dealing with anti-national activities, taking precedence over Fundamental Rights.
11. Added three new Directive Principles: equal justice and free legal aid, worker participation in industrial management, and environmental protection.
12. Facilitated the proclamation of national emergency in a part of India.
13. Extended the one-time duration of President’s rule in a state from 6 months to one year.
14. Empowered the Centre to deploy armed forces in any state to deal with a grave law and order situation.
15. Shifted five subjects from the state list to the concurrent list, including education, forests, and administration of justice.
16. Removed the requirement of quorum in Parliament and state legislatures.
17. Empowered Parliament to decide the rights and privileges of its members and committees.
18. Provided for the creation of the All-India Judicial Service.
19. Shortened the procedure for disciplinary action against civil servants by eliminating the right to make representations after the inquiry.

Key Amendments of Indian Constitution – Key Constitutional Amendment Acts in India

These are the few major amendment acts of Indian Constitution-

Key points to remember about 42^nd Amendment act of Indian Constitution

These are some key points that need to remember about 42^nd constitutional amendment act

1. The 42nd Amendment Act of 1976, often dubbed the “Mini-Constitution,” brought about extensive changes to various provisions of the Indian Constitution.
2. Till now, Indian constitution has been amended 106 times.
3. Enacted during the Emergency from 1975-1977, the amendment faced criticism for being passed amid curtailed civil liberties.
4. The Preamble was altered, inserting ‘socialist,’ ‘secular,’ and ‘integrity,’ while replacing “unity of the nation” with “unity and integrity of the nation.”
5. It shifted the balance between Fundamental Rights and Directive Principles, giving precedence to Directive Principles over Fundamental Rights in case of conflict.
6. During the Emergency, the amendment curtailed the power of judicial review and writ jurisdiction of the Supreme Court and high courts.
7. The tenure of the Lok Sabha and state legislative assemblies was extended from 5 to 6 years.
8. Seats in the Lok Sabha and state legislative assemblies were frozen based on the 1971 census until 2001.
9. It introduced anti-defection provisions to discourage political defections and promote political stability.
10. The amendment facilitated the proclamation of a national emergency in a part of the territory of India.
11. It empowered the Centre to deploy its armed forces in any state to deal with a grave situation of law and order.
12. The requirement of quorum in the Parliament ended! and the state legislatures was abolished.
13. Five subjects, including education, forests, and administration of justice, were shifted from the state list to the concurrent list.
14. The All-India Judicial Service was introduced by the 42nd Amendment.
15. Many amendments under this act required a special majority, making it challenging to reverse these changes.
16. Some amendments reduced the powers of state governments, leading to concerns about the erosion of the federal structure.

Key Facts about 42^nd Amendment Act of Indian Constitution

We have added few important facts about 42^nd Amendment act of Indian Constitution below-

FAQs on 42^nd Amendment act of Indian Constitution – Important UPSC Questions on 42^nd Amendment act of Indian Constitution

Question-1: Why is the 42nd Amendment Act of the Indian Constitution in the news?

Answer. The 42nd Amendment Act is in the news as the Supreme Court is currently deliberating on whether the Preamble of the Constitution could have been amended without altering the date of its adoption, and a petition has been filed seeking the removal of certain words from the Preamble.

Question-2: Can the Preamble of the Constitution be amended?

Answer. The Supreme Court is currently exploring the possibility of amending the Preamble while keeping the date of its adoption intact.

Question-3: Who filed the petition in the Supreme Court to amend the Preamble?

Answer. BJP leader Subramanian Swamy filed a petition in the Supreme Court, seeking the removal of the words ‘socialist’ and ‘secular’ from the Preamble.

Question-4: Which article is related to amending the Constitution?

Answer. The procedure for amending the Constitution is laid down in Article 368 of the Indian Constitution.

Question-5: How many times has the Preamble of the Constitution been changed?

Answer. The Preamble of the Constitution has been amended once through the 42nd Constitutional Amendment in December 1976, which introduced the words ‘socialist’ and ‘secular’ and modified the phrase “unity of the nation” to “unity and integrity of the nation.”

Question-6: What is the 42nd Amendment Act of 1976?

Answer. The 42nd Amendment Act of 1976 is a substantial modification to the Indian Constitution, often referred to as the “Mini-Constitution.”

Question-7: What changes were made to the Preamble?

Answer. The Preamble underwent alterations with the addition of the words ‘socialist,’ ‘secular,’ and ‘integrity.’

Question-8: What new part was introduced for citizens?

Answer. Part IVA, which includes Fundamental Duties, was added to the Constitution.

Question-9: How did the amendment impact the President’s powers?

Answer. The President’s powers were affected as the amendment made the President bound by the advice of the cabinet.

Question-10: What was added under Part XIV A?

Answer. Part XIV A introduced administrative tribunals and tribunals for other matters.

Question-11: How long were the seats in Lok Sabha and state legislative assemblies frozen?

Answer. Seats in Lok Sabha and state legislative assemblies were frozen based on the 1971 census until 2001.

Question-12: What was the impact on constitutional amendments?

Answer. The impact on constitutional amendments was significant, as they were made beyond judicial scrutiny.

Question-13: What changes occurred in the judiciary’s power?

Answer. The amendment curtailed the power of judicial review and writ jurisdiction of the Supreme Court and high courts.

Question-14: How was the tenure of Lok Sabha and state legislative assemblies affected?

Answer. The tenure of Lok Sabha and state legislative assemblies was increased from 5 to 6 years.

Question-15: What protection was provided for Directive Principles implementation laws?

Answer. Courts cannot declare laws implementing Directive Principles invalid on the grounds of violating Fundamental Rights.

Question-16: What powers did Parliament gain regarding anti-national activities?

Answer. Parliament gained the authority to make laws dealing with anti-national activities, taking precedence over Fundamental Rights.

Question-17: Which three new Directive Principles were added?

Answer. Three new Directive Principles added were equal justice, free-legal aid, and participation of workers in the management of industries.

Question-18: How did the amendment impact national emergencies?

Answer. The amendment facilitated the proclamation of a national emergency in a part of the Indian territory.

Question-19: What change occurred in the duration of President’s rule in a state?

Answer. The amendment extended the one-time duration of President’s rule in a state from 6 months to one year.

Question-20: Under what circumstances could the Centre deploy armed forces in a state?

The Centre could deploy armed forces in any state to deal with a grave situation of law and order.

Question-21: Which subjects were shifted from the state list to the concurrent list?

Answer. Five subjects were shifted from the state list to the concurrent list, including education and administration of justice.

Question-22: What requirement was eliminated in the Parliament and state legislatures?

The requirement of quorum was eliminated in the Parliament and state legislatures.

Question-23: What new service was introduced by the amendment?

Answer. The amendment introduced the All-India Judicial Service.

Question-24: How was the disciplinary procedure for civil servants affected?

Answer. The disciplinary procedure for civil servants was shortened, removing the right to make representation at the second stage after the inquiry.

Question-25: What privileges did Parliament gain regarding its members and committees?

Answer. Parliament gained the power to decide the rights and privileges of its members and committees from time to time.

Question-26: Did the 42nd Amendment impact the procedure for disciplinary action against civil servants?

Answer. Yes, the procedure was shortened, eliminating the right to make representation at the second stage after the inquiry.

Question-27: What significant change occurred in the Preamble regarding the nation’s unity?

Answer. “Unity of the nation” was replaced with “unity and integrity of the nation.”

Question-28: How were the rights and privileges of Parliament members affected?

Answer. Parliament gained the power to decide the rights and privileges of its members and committees from time to time.

Question-29: What change did the amendment bring to the subjects in the concurrent list?

Answer. The amendment shifted five subjects from the state list to the concurrent list, including education and administration of justice.

Question-30: Were the seats in the Lok Sabha and state legislative assemblies adjusted based on the 1971 census?

Answer. Yes, the seats were frozen on the basis of the 1971 census until 2001.

Question-31: What term is often used to describe the 42nd Amendment Act?

Answer. It is known as the “Mini-Constitution” for its extensive changes to the Indian Constitution.

Question-32: How did the amendment affect the power of judicial review and writ jurisdiction?

Answer. The power of judicial review and writ jurisdiction of the Supreme Court and high courts was curtailed.

Question-33: Was the President made bound by the advice of the cabinet following the amendment?

Answer. Yes, the President was made bound by the advice of the cabinet.

Question-34: Which part of the Constitution saw the addition of Fundamental Duties?

Answer. Part IVA was added to include Fundamental Duties.

Question-35: Did the 42nd Amendment Act introduce any safeguards for the implementation of Directive Principles?

Answer. Yes, it provided that laws made for the implementation of Directive Principles cannot be declared invalid on the grounds of violating Fundamental Rights.