Question

Choose the correct statement(s) regarding the 42nd Constitutional Amendment Act:

1. It added the words "Socialist," "Secular," and "Integrity" to the Preamble of the Indian Constitution.

2. It transferred five subjects, including education and forests, from the State List to the Concurrent List.

3. It abolished the requirement of a quorum in Parliament and state legislatures.

How many of the above statements are correct?

• A. Only one
• B. Only two
• C. All three
• D. None of the above

Answer 1

Answer:

C. All three

42nd Constitutional Amendment Act, 1976

• Also known as the 'Mini-Constitution', this amendment was enacted during the Emergency period under Prime Minister Indira Gandhi.
• It significantly altered the fundamental structure of the Indian Constitution.
• Statement 1: Preamble Amendments
  • The words 'Socialist', 'Secular', and 'Integrity' were added to the Preamble.
  • 'Socialist' and 'Secular' were added to emphasize the socio-economic goals and the secular nature of the Indian state.
  • 'Integrity' was added to the phrase 'Unity and Integrity of the Nation' referring to the nation's indivisibility.
• Statement 2: Transfer of Subjects to Concurrent List
  • This amendment shifted five subjects from the State List (List II) to the Concurrent List (List III) of the Seventh Schedule.
  • These subjects included:
    • 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)
  • This move aimed to grant the Central government more power in these crucial areas.
• Statement 3: Quorum in Legislatures
  • The 42nd Amendment Act abolished the requirement of a quorum for both the Parliament and the State Legislatures.
  • A quorum is the minimum number of members required to be present for a meeting to be validly held.
  • This provision, however, was later reintroduced by the 44th Constitutional Amendment Act, 1978.
• Other Key Provisions of the 42nd Amendment Act:
  • It declared that Directive Principles of State Policy (DPSP) would have supremacy over Fundamental Rights.
  • It empowered the Parliament to amend any part of the Constitution, including Fundamental Rights, by overturning the Supreme Court's decision in the Kesavananda Bharati case (though this was later modified by the 44th Amendment).
  • It extended the term of Lok Sabha and State Legislative Assemblies from 5 to 6 years. This was reversed by the 44th Amendment Act, 1978.
  • It made the President bound to act according to the advice of the Council of Ministers.