Question

Which of the following statements accurately reflects the changes introduced by the 42nd Amendment Act, 1976?

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

2. It made laws for implementing Directive Principles immune from challenge on the grounds of violating Fundamental Rights.

3. It transferred 'Forests' and 'Education' from the State List to the Union List.

4. It restored the provision for quorum in the Parliament and state legislatures.

Select the correct option:

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

Answer 1

Answer:

A. 1 and 2

The 42nd Constitutional Amendment Act, 1976 – The 'Mini-Constitution'

• The 42nd Amendment Act was enacted during the period of National Emergency (1975-1977) and brought about significant, wide-ranging changes to the Indian Constitution. It is often referred to as the 'Mini-Constitution' due to its extensive modifications.

Key Changes Introduced by the 42nd Amendment Act:

• Amendment to the Preamble:
  • The words 'Socialist', 'Secular', and 'Integrity' were added to the Preamble.
  • 'Socialist' and 'Secular' were added between 'Sovereign' and 'Democratic'.
  • 'Integrity' was added after 'Unity' of the Nation.
• Precedence of Directive Principles over Fundamental Rights:
  • It amended Article 31C, declaring that laws made for implementing any of the Directive Principles of State Policy (DPSP) could not be challenged on the ground that they violated the Fundamental Rights conferred by Articles 14 (Equality before law), 19 (Freedom of speech, etc.), or 31 (Right to property - later repealed).
  • This gave supremacy to DPSPs over certain Fundamental Rights, intending to facilitate socio-economic reforms.
• Transfer of Subjects to the Concurrent List:
  • Five subjects were transferred from the State List to the Concurrent List to enable central legislation on these matters. These subjects were:
  1. Education
  2. Forests
  3. Protection of wild animals and birds
  4. Weights and measures
  5. Administration of justice, constitution, and organisation of all courts except the Supreme Court and the High Courts.
• Fundamental Duties:
  • A new Part IV-A was added, introducing Fundamental Duties (Article 51A) for citizens. These duties were recommended by the Swaran Singh Committee.
• President's Powers:
  • It made the President bound by the aid and advice of the Council of Ministers, reducing the President's discretionary powers.
• Judicial Powers:
  • It curtailed the power of judicial review of the Supreme Court and High Courts.
  • It barred the High Courts from determining the constitutional validity of central laws. (This specific provision was later removed by the 43rd Amendment Act, 1977).
• Parliamentary Term:
  • The term of the Lok Sabha and State Legislative Assemblies was increased from 5 years to 6 years. (This was later reversed back to 5 years by the 44th Amendment Act, 1978).
• Quorum in Parliament and State Legislatures:
  • The 42nd Amendment removed the constitutional provision for quorum (minimum number of members required to be present for a meeting to be valid) in Parliament and State Legislatures, leaving it to be regulated by respective House rules.
  • However, the 44th Amendment Act, 1978, restored the original position regarding quorum. Therefore, the 42nd Amendment did not restore it; it removed it.
• Administrative Tribunals:
  • A new Part XIV-A was added, providing for administrative tribunals (Article 323A) and other tribunals (Article 323B) for speedy justice in specific matters.