Question

What is/are the major change/s made through the 42nd Constitutional Amendment Act?

1. It transferred five subjects, including education and forests, from the State List to the Concurrent List.

2. It abolished the quorum requirement in Parliament and state legislatures.

3. It curtailed the powers of the Supreme Court and High Courts regarding judicial review.

• A. 1 only
• B. 2 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, is often referred to as the 'Mini Constitution' due to the extensive and significant changes it introduced to the Indian Constitution.
• It was passed by the Indian National Congress government headed by Indira Gandhi during the period of Emergency (1975-1977).
• Many of its provisions were later repealed or amended by the 44th Constitutional Amendment Act, 1978.

Key Changes Introduced by the 42nd Amendment Act:

• Changes to the Preamble:
  • The words 'Socialist', 'Secular', and 'Integrity' were added to the Preamble.
  • 'Sovereign Democratic Republic' was changed to 'Sovereign Socialist Secular Democratic Republic'.
  • 'Unity of the Nation' was changed to 'Unity and Integrity of the Nation'.
• Fundamental Duties:
  • A new part, Part IV-A, comprising a single article, Article 51A, was added to the Constitution.
  • This part laid down ten Fundamental Duties for citizens, based on the recommendations of the Swaran Singh Committee.
• Transfer of Subjects from State List to Concurrent List:
  • This amendment transferred five subjects from the State List to the Concurrent List, empowering both the Centre and states to legislate on them.
  • The five subjects are:Education, Forests, Weights and Measures, Protection of Wild Animals and Birds, and Administration of Justice (except Supreme Court and High Courts), Constitution and Organisation of all Courts (except Supreme Court and High Courts).
• Curtailment of Judicial Powers:
  • It significantly curtailed the powers of the Supreme Court and High Courts regarding judicial review and writ jurisdiction.
  • The power of High Courts to determine the constitutional validity of central laws was removed (later restored by the 43rd Amendment Act, 1977).
  • It provided that the constitutional validity of central laws could only be challenged in the Supreme Court, and state laws in High Courts.
  • It prohibited courts from inquiring into the validity of a constitutional amendment.
• Quorum Requirement:
  • The amendment made provisions that the proceedings of either House of Parliament or a State Legislature would not be invalidated merely due to a vacancy or any person sitting or voting who was not entitled to do so.
  • While not outright abolishing the quorum, it granted Parliament the power to regulate the quorum for its proceedings, effectively diluting the mandatory nature of the quorum for the validity of proceedings.
• President's Powers:
  • It made the President bound by the advice of the Council of Ministers.
• Administrative Tribunals:
  • It added Part XIV-A to the Constitution, providing for Administrative Tribunals (Article 323A) and tribunals for other matters (Article 323B).
• Directive Principles of State Policy (DPSP):
  • It added three new Directive Principles:
  1. Article 39A: To promote equal justice and provide free legal aid to the poor.
  2. Article 43A: To secure the participation of workers in the management of industries.
  3. Article 48A: To protect and improve the environment and to safeguard forests and wildlife.
  • It also gave supremacy to Directive Principles over Fundamental Rights in certain cases (expanded the scope of Article 31C).
• Parliamentary Supremacy:
  • It extended the duration of the Lok Sabha and State Legislative Assemblies from five to six years.
  • It also empowered Parliament to make laws to deal with anti-national activities and associations.