Question

Consider the following statements regarding the 42nd Constitutional Amendment Act:

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

2. It increased the tenure of the Lok Sabha and State Legislative Assemblies from 5 to 6 years.

3. It introduced the concept of Fundamental Duties under Part IV-A of the Constitution.

Which of the statements given above is/are correct?

• A. 1 and 2 only
• B. 2 and 3 only
• C. 1 and 3 only
• D. All of the above

Answer 1

Answer:

D. All of the above

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

• The 42nd Constitutional Amendment Act, enacted in 1976 during the Emergency period, is considered one of the most significant amendments to the Indian Constitution. It is often referred to as a 'Mini Constitution' due to the extensive and comprehensive changes it brought about.

Changes to the Preamble

• The Act added three new words to the Preamble of the Indian Constitution: 'Socialist,' 'Secular,' and 'Integrity.'
• Prior to this amendment, the Preamble declared India as a 'Sovereign Democratic Republic.' After the amendment, it became 'Sovereign Socialist Secular Democratic Republic.'
• The addition of 'Socialist' aimed to signify India's commitment to achieving socialist goals through democratic means, promoting social and economic equality.
• The addition of 'Secular' emphasized the separation of state and religion and equal respect for all religions.
• 'Integrity' was added to the phrase 'Unity of the Nation' to make it 'Unity and Integrity of the Nation,' reinforcing the idea of national cohesion and preventing disintegration.

Changes in the Tenure of Lok Sabha and State Legislative Assemblies

• The 42nd Amendment Act increased the tenure of the Lok Sabha (House of the People) and State Legislative Assemblies from 5 years to 6 years.
• This change was highly controversial as it extended the term of the then-existing Parliament and state assemblies during the Emergency.
• However, this change was reversed by the 44th Constitutional Amendment Act, 1978, which restored the original tenure of 5 years. This highlights a significant check on the powers of the Parliament after the Emergency.

Introduction of Fundamental Duties

• The 42nd Amendment Act introduced Fundamental Duties into the Indian Constitution. These duties are enshrined in Part IV-A and consist of Article 51A.
• These duties were recommended by the Swaran Singh Committee (1976), which was constituted by the government during the Emergency.
• Initially, 10 Fundamental Duties were added to the Constitution.
• Currently, there are 11 Fundamental Duties. The 11th Fundamental Duty, which mandates parents or guardians to provide educational opportunities to their child or ward between the age of six and fourteen years, was added by the 86th Constitutional Amendment Act, 2002.
• Fundamental Duties are non-justiciable, meaning they cannot be enforced by courts, but they serve as a reminder to citizens of their responsibilities towards the nation.

Other Significant Provisions of the 42nd Amendment Act

• It made the President bound by the advice of the Council of Ministers, significantly reducing presidential discretion.
• It curtailed the power of the High Courts and the Supreme Court to issue writs for purposes other than the enforcement of Fundamental Rights (later mostly reversed).
• It transferred five subjects from the State List to the Concurrent List: education, forests, weights and measures, protection of wild animals and birds, and administration of justice (excluding the Supreme Court and the High Courts).
• It provided for the creation of All-India Judicial Service.
• It empowered the Centre to deploy armed forces in any state to deal with a grave situation of law and order.
• It granted Parliament the power to make laws to deal with anti-national activities.
• It facilitated the declaration of National Emergency in a part of the country.