What are the amendments made to the Constitution by the 42nd Constitutional Amendment Act, 1976? How are they significant?

         The 42nd Constitution Amendment Act, 1976 was enacted during the National Emergency by the Indira Gandhi government. It is called as a ‘mini-constitution’ because of the enormous number of amendments it has made to the Indian Constitution.  

Amendments made by the 42nd Constitutional Amendment Act, 1976: 

1. 1. Preamble: Added three new words (socialist, secular and integrity) in the Preamble.   
   2. Added Fundamental Duties: Under the new Part IV A, ten Fundamental Duties were added (later added 11th through 86th Constitutional Amendment Act, 2002). 
   3. Added three new Directive Principles viz., equal justice and free legal aid, the participation of workers in the management of industries and protection of the environment, forests, and wildlife. 
   4. Parliament: A) Raised the term of Loksabha and Vidhansabha from 5 to 6 years. The quorum was left to be fixed by the rules of each House. This provision was repealed by the 44th Constitutional Amendment Act,1978.

      B) Froze the seats in the Lok Sabha and state legislative assemblies on the basis of 1971 census till 2001. 

   5. Executive: The amendment stated that the President shall act in accordance to the council of ministers. 
   6. Federalism: A) Enabled the Centre to deploy armed forces for dealing with situations of law and order in any state.

      B) Shifted five subjects from the state list to the concurrent list, viz, education, forests, protection of wild animals and birds, weights and measures and administration of justice, constitution and organisation of all courts except the Supreme Court and the high courts. 

   7. Emergency Provisions: A) Authorized the President to declare emergency in “a part” of the country.

      B) Extended the one-time duration of the President’s rule in a state from 6 months to one year. 

   8. Judicial: A) Made the constitutional amendments beyond judicial scrutiny. B) Curtailed the power of judicial review and writ jurisdiction of the Supreme Court and high courts.

      C) Provided for administrative tribunals and tribunals for other matters (Added Part XIV A).

      D) Provided that the laws made for the implementation of Directive Principles cannot be declared invalid by the courts on the ground of violation of some Fundamental Rights.

      E) Provided for the creation of the All-India Judicial Service. 

   9. Empowered the Parliament to make laws to deal with anti-national activities and such laws are to take precedence over Fundamental Rights 
   10. Regarding Civil Services: Shortened the procedure for disciplinary action by taking away the right of a civil servant to make representation at the second stage after the inquiry (i.e., on the penalty proposed) 

Significance of the Amendment:  

1. 1. The Amendment changed the characterisation of the India State from ‘sovereign democratic republic’ to ‘sovereign socialist secular democratic republic’. 
   2. Population control measure: The seats in Lok Sabha and State Legislatures were frozen to encourage states to undertake population control measures. 
   3. Welfare state and socialism: In addition to the word ‘Socialism’ being inserted in the Preamble, DPSPs were also amended to emphasise on socialistic goals and a welfare model for the state. 
   4. Secularism: The addition of the word ‘secularism’ in the Preamble reiterates the commitment of people of India to build a secular society. 
   5. Access to justice: The State was now made responsible to ensure ‘equal justice and free legal aid’. This inspired various initiatives such National Legal Services Authority, Lok Adalats etc. 
   6. Establishment of Tribunals was the beginning of a new era of administrative dispute settlement in the Indian Judiciary. 
   7. Environment: Increased role of the government in preserving the environment. 
   8. Federal structure: The Amendment greatly damaged the federal spirit. A new chapter of federalism began where the Union government was more powerful thaan ever. 
   9. Judicial scrutiny and system of checks and balances: It attempted to curb the judicial powers and severely undermined the importance of judicial review in a democracy. 
   10. Addition of Fundamental Duties emphasised on the concept of ‘Social Contract’ between the state and its citizen where both the entities have responsibilities towards each other.  

          The 42nd Constitutional Amendment Act, 1976 remains the most controversial amendment. Its critics see it as direct attack on the democratic ideals of the Indian Polity. Although 44th Constitutional Amendment Act, 1978 tried to undo some provisions, the 42nd Act has left its marks on the Indian Constitution forever.