Question

Consider the following changes brought about by the 42nd Constitutional Amendment Act, 1976:

1. It added the words 'Socialist', 'Secular', and 'Integrity' to the Preamble.

2. It transferred five subjects, including Education and Forests, from the State List to the Concurrent List.

3. It introduced Part IV-A (Fundamental Duties) and Part XIV-A (Tribunals) into the Constitution.

4. It stipulated that the President can act only on the advice of the Cabinet.

Which of the statements given above are correct?

• A. 1, 2 and 3 only
• B. 2, 3 and 4 only
• C. 1, 3 and 4 only
• D. 1, 2, 3 and 4

Answer 1

Answer:

D. 1, 2, 3 and 4

The 42nd Constitutional Amendment Act, 1976: A Mini-Constitution

• The 42nd Constitutional Amendment Act (CAA), 1976, is often referred to as the 'Mini-Constitution' due to its extensive and significant changes to the Indian Constitution.
• It was enacted during the period of National Emergency (1975-1977) imposed by the Indira Gandhi government.
• This amendment sought to give supremacy to the Parliament, reduce the power of the Supreme Court and High Courts, and incorporate more socialist and secular ideals into the Constitution.

Key Changes Introduced by the 42nd CAA:

• Amendment to the Preamble:
  • The words 'Socialist', 'Secular', and 'Integrity' were added to the Preamble of the Constitution.
  • 'Socialist' and 'Secular' were added between 'Sovereign' and 'Democratic Republic'.
  • 'Integrity' was added after 'Unity' in 'Unity of the Nation' making it 'Unity and Integrity of the Nation'.
  • This was the only time the Preamble has been amended to date.
• Transfer of Subjects from State List to Concurrent List:
  • The Act transferred five subjects from the State List to the Concurrent List. These subjects are:
  1. Education
  2. Forests
  3. Protection of Wild Animals and Birds
  4. Weights and Measures (excluding establishment of standards)
  5. Administration of Justice (constitution and organization of all courts except the Supreme Court and the High Courts).
  • This transfer allowed both the Parliament and State Legislatures to make laws on these subjects, with parliamentary law prevailing in case of a conflict.
• Introduction of New Parts and Articles:
  • It introduced Part IV-A (Article 51A) comprising the Fundamental Duties of citizens. These duties were recommended by the Swaran Singh Committee.
  • It introduced Part XIV-A (Articles 323A and 323B) dealing with Tribunals.
  • Article 323A provides for administrative tribunals, and Article 323B provides for tribunals for other matters.
• President's Role and Cabinet Advice:
  • The 42nd CAA stipulated that the President shall act in accordance with the advice of the Council of Ministers headed by the Prime Minister (Article 74).
  • This effectively made the President bound by the advice of the Cabinet, limiting the President's discretionary powers.
  • Subsequently, the 44th Constitutional Amendment Act, 1978, allowed the President to send back the advice for reconsideration once, but if the Council of Ministers reiterates the same advice, the President must act upon it.
• Other Notable Changes:
  • Made the President bound by the advice of the Union Cabinet.
  • Provided for the creation of all-India judicial service.
  • Curtailed the power of the High Courts to issue writs for purposes other than the enforcement of Fundamental Rights (later restored by the 44th CAA).
  • Increased the tenure of Lok Sabha and State Legislative Assemblies from 5 to 6 years (later reversed by the 44th CAA).
  • Empowered the Parliament to make laws to deal with anti-national activities.
  • Made the constitutional amendment beyond judicial review (later struck down by the Supreme Court in Minerva Mills case, 1980).
  • Added new Directive Principles of State Policy: Article 39A (Free legal aid), Article 43A (Participation of workers in management), and Article 48A (Protection and improvement of environment).