Question

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

1. It amended the Preamble to replace "Sovereign Democratic Republic" with "Sovereign Socialist Secular Democratic Republic."

2. It reduced the tenure of the Lok Sabha and State Legislative Assemblies from 5 years to 4 years.

• A. 1 only
• B. 2 only
• C. Both 1 and 2
• D. Neither 1 nor 2

Answer 1

Answer:

A. 1 only

42nd Constitutional Amendment Act, 1976

• This amendment is often referred to as the 'Mini-Constitution' due to the extensive changes it brought about in the Indian Constitution.
• It was enacted during the period of the Emergency.
• Preamble Amendments:
  • The words 'Socialist' and 'Secular' were added to the Preamble, changing 'Sovereign Democratic Republic' to 'Sovereign Socialist Secular Democratic Republic'.
  • The word 'Unity' of the Nation was changed to 'Unity and Integrity' of the Nation.
• Directive Principles of State Policy (DPSP):
  • It gave precedence to Directive Principles over Fundamental Rights. Article 31C was amended to this effect.
  • Four new Directive Principles were added:
    • Equal justice and free legal aid (Article 39A).
    • Participation of workers in the management of industries (Article 43A).
    • Protection of environment, forests, and wildlife (Article 48A).
• Fundamental Duties:
  • It introduced a new Part (Part IV-A) to the Constitution, which contains a single Article 51A, specifying ten Fundamental Duties for citizens.
• Lok Sabha and State Assemblies:
  • The term of the Lok Sabha and State Legislative Assemblies was extended from 5 to 6 years. (This was later reversed by the 44th Amendment Act, 1978, restoring the original term of 5 years).
• Administrative Changes:
  • It transferred the subjects of Education, Forests, Weights and Measures, Administration of Justice, etc., from the State List to the Concurrent List.
  • It authorized the Central government to deploy armed forces in any state to deal with serious situations of law and order.
  • It also empowered the Central government to decide on the issue of the proclamation of emergency.
• Judiciary:
  • It curtailed the power of the Supreme Court and High Courts to pass interim orders and judgments.