Question

Which of the following statements are correct regarding the 42nd Constitutional Amendment?

i. It added Part IV-A to the Constitution, introducing Fundamental Duties.

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

iii. It abolished the provision for a joint sitting of Parliament for resolving disagreements on constitutional amendment bills.

• A. Only i and ii
• B. Only i and iii
• C. Only ii and iii
• D. All are correct

Answer 1

Answer:

A. Only i and ii

The 42nd Constitutional Amendment Act of 1976

• Often referred to as the 'Mini-Constitution' due to its extensive changes to the Indian Constitution.
• It was enacted during the Emergency period by the Indira Gandhi government.
• This amendment significantly altered the Preamble, introduced new Directive Principles, and modified Fundamental Rights.

Key Provisions of the 42nd Amendment Act:

• Insertion of Fundamental Duties: Statement (i) is correct. The Act added Part IV-A to the Constitution, which contains a single Article 51A, enlisting the ten Fundamental Duties for citizens. These duties were recommended by the Swaran Singh Committee.
• Shift of Subjects to Concurrent List: Statement (ii) is correct. The amendment moved five subjects from the State List to the Concurrent List, enhancing the Union government's legislative power. These subjects included:
  • Education
  • Forests
  • Protection of wild animals and birds
  • Administration of Justice (constitution and organisation of all courts except the Supreme Court and High Courts)
  • Weights and Measures
• Abolition of Joint Sitting for Constitutional Amendments: Statement (iii) is incorrect. The 42nd Amendment did not abolish the provision for a joint sitting of Parliament for constitutional amendment bills. Such joint sittings are not a feature of the Indian parliamentary system for amending the Constitution. The President can summon a joint sitting only for ordinary bills, not for Money Bills or Constitution Amendment Bills. The Constitution (Amendment) Bill requires a special majority in both Houses.
• Other Significant Changes:
  • The Preamble was amended to include the words 'Secular', 'Socialist', and 'Integrity'.
  • It extended the term of Lok Sabha and State Legislative Assemblies from 5 to 6 years, though this was later reversed by the 44th Amendment Act.
  • It made the President bound by the advice of the Council of Ministers.
  • It empowered the Supreme Court and High Courts to issue writ jurisdiction only within their respective territorial limits.

Competitive Exam Relevance:

• The 42nd Amendment is a crucial topic for understanding the evolution of the Indian Constitution.
• Focus on the exact number of subjects transferred to the Concurrent List and the specific subjects involved.
• Remember the addition of Fundamental Duties and the role of the Swaran Singh Committee.
• Be aware of the changes made to the Preamble and their significance.
• Distinguish between changes made by the 42nd Amendment and those reversed or modified by subsequent amendments, especially the 44th Amendment.