Question

Consider the following statements regarding the 42nd Constitutional Amendment:

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

2. It extended 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 3 only
• B. 2 only
• C. 1, 2, and 3
• D. ) 2 and 3 only

Answer 1

Answer:

C. 1, 2, and 3

The 42nd Constitutional Amendment Act, 1976

• The 42nd Constitutional Amendment Act, 1976, is often referred to as the 'Mini-Constitution' due to the extensive number of changes it made to the Indian Constitution.
• This amendment was enacted during the period of National Emergency (1975-1977) declared by Prime Minister Indira Gandhi.

Key Provisions of the 42nd Amendment:

• Preamble Amendment:Added three new words to the Preamble of the Constitution: 'Socialist', 'Secular', and 'Integrity'.
  • The term 'Socialist' emphasizes the commitment to achieving socialist goals through democratic means, aiming to end poverty, inequality, and exploitation.
  • The term 'Secular' signifies that India has no state religion and guarantees religious freedom and equality to all citizens.
  • The term 'Integrity' aims to preserve the unity and territorial integrity of the nation.
• Extension of Legislative Tenure:Increased the tenure of the Lok Sabha (House of the People) and State Legislative Assemblies from 5 years to 6 years.
  • Competitive Exam Fact: This change was later reversed by the 44th Constitutional Amendment Act, 1978, which restored the original 5-year term.
• Introduction of Fundamental Duties:Inserted a new Part IV-A into the Constitution, consisting of a single Article, Article 51A, which introduced the concept of Fundamental Duties for citizens.
  • These duties were recommended by the Swaran Singh Committee.
  • Initially, 10 Fundamental Duties were added. Later, the 86th Constitutional Amendment Act, 2002, added the 11th Fundamental Duty.
  • Competitive Exam Fact: Fundamental Duties are non-justiciable, meaning they cannot be enforced by courts.
• Limitation on Judicial Review:It significantly curtailed the power of the Supreme Court and High Courts regarding judicial review and writ jurisdiction.
  • Competitive Exam Fact: This provision was also largely undone by the 43rd and 44th Constitutional Amendment Acts.
• Parliamentary Supremacy:It made the President bound by the advice of the Council of Ministers.
• Transfer of Subjects: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 organization of the Supreme Court and High Courts)
• Administrative Tribunals:Provided for the establishment of Administrative Tribunals (Article 323A) and tribunals for other matters (Article 323B).
• Emergency Provisions:Facilitated the proclamation of National Emergency in a part of the territory of India and extended the one-time duration of the President's Rule in a state from 6 months to 1 year.