Question

Consider the following statements regarding the 42nd Constitutional Amendment:

1. It added Articles 39A, 43A, and 48A to the Directive Principles of State Policy.

2. It empowered the Centre to deploy armed forces in states to address serious law and order situations.

3. It froze the number of seats in the Lok Sabha and State Legislative Assemblies based on the 1971 Census until 2001.

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 during the Internal Emergency (1975-1977) by the Indira Gandhi government, is often referred to as a "Mini-Constitution" due to its extensive and significant changes to the Indian Constitution.
• It aimed to reduce the power of the Supreme Court and High Courts, strengthen the Central government, and incorporate socialist and secular ideals.

Key Provisions and Amendments:

• Addition of Directive Principles of State Policy (DPSP):
  • It introduced three new Directive Principles under Part IV of the Constitution:
  • Article 39A: To promote equal justice and provide free legal aid to the poor. This aimed to ensure that economic or other disabilities do not deny access to justice.
  • Article 43A: To secure the participation of workers in the management of industries. This promoted industrial democracy and worker welfare.
  • Article 48A: To protect and improve the environment and to safeguard forests and wildlife. This was a pioneering step towards environmental protection through constitutional mandate.
• Empowering the Centre to Deploy Armed Forces in States:
  • The amendment inserted Article 257A (later repealed by the 44th Amendment Act, 1978).
  • This provision empowered the Union Government to deploy armed forces or any other force of the Union in any state for dealing with any grave situation of law and order.
  • This was seen as a measure to enhance the Centre's control over state affairs, especially during times of internal disturbance, reflecting the centralizing tendencies during the Emergency period.
• Freezing of Seats in Lok Sabha and State Legislative Assemblies:
  • It froze the number of seats in the Lok Sabha and State Legislative Assemblies based on the 1971 Census.
  • This freeze was initially set to remain until the year 2001.
  • The primary objective was to encourage family planning measures by not penalizing states that successfully controlled their population growth through a reduction in their representation.
  • This freeze was later extended for another 25 years (until 2026) by the 84th Constitutional Amendment Act, 2001, still based on the 1971 census figures.
• Changes to the Preamble:
  • The words "Socialist", "Secular", and "Integrity" were added to the Preamble.
  • The Preamble now reads: "Sovereign Socialist Secular Democratic Republic and to secure to all its citizens Justice, Liberty, Equality and Fraternity assuring the dignity of the individual and the unity and integrity of the Nation."
• Addition of Fundamental Duties:
  • A new Part IVA was added to the Constitution, containing Article 51A, which specified ten Fundamental Duties for citizens.
  • These duties were recommended by the Swaran Singh Committee.
  • This aimed to remind citizens of their responsibilities towards the nation.
• Curtailment of Judicial Review:
  • It restricted the power of judicial review and writ jurisdiction of the High Courts and the Supreme Court.
  • It also provided that constitutional amendments could not be questioned in any court. Many of these provisions were subsequently reversed by the 44th Amendment Act.
• President Bound by Cabinet Advice:
  • It made the President bound by the advice of the Council of Ministers, solidifying the parliamentary form of government.
• Transfer of Subjects from State to Concurrent List:
  • Five subjects were transferred from the State List to the Concurrent List:
  • Education
  • Forests
  • Weights and Measures
  • Protection of Wild Animals and Birds
  • Administration of Justice (excluding the Supreme Court and High Courts), Constitution and Organisation of all courts except the Supreme Court and High Courts.
• Reduced Tenure of Lok Sabha and State Assemblies:
  • The tenure of the Lok Sabha and State Legislative Assemblies was increased from five years to six years (later reversed to five years by the 44th Amendment Act, 1978).