Question

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

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

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

3. It curtailed the power of the Supreme Court to decide election disputes involving the Prime Minister and Speaker.

• A. 1 and 2
• B. 2 and 3
• C. 1 and 3
• D. All are correct

Answer 1

Answer:

A. 1 and 2

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

• The 42nd Constitutional Amendment Act, enacted in 1976 during the period of National Emergency (1975-1977), is one of the most comprehensive amendments to the Indian Constitution. Due to its extensive changes, it is often referred to as a 'Mini-Constitution'.
• Its primary objective was to give supremacy to the Parliament and curtail the powers of the Judiciary, aligning with the political climate of the time.

Key Provisions and Impacts:

1. Transfer of Subjects from State List to Concurrent List:
   • One of the most significant changes was the transfer of five subjects from the State List to the Concurrent List. This allowed both the Parliament and State Legislatures to make laws on these subjects, with parliamentary law prevailing in case of conflict.
   • The five subjects transferred were:
     1. Education
     2. Forests
     3. Weights and Measures
     4. Protection of Wild Animals and Birds
     5. Administration of Justice; constitution and organisation of all courts except the Supreme Court and the High Courts
2. Impact on Legislative Functioning and Power:
   • While the 42nd Amendment did not literally abolish the requirement of a quorum in Parliament and state legislatures, it introduced several measures that significantly altered the balance of power and aimed to streamline the legislative and executive functioning, potentially reducing procedural hurdles.
   • For instance, it extended the tenure of the Lok Sabha and State Legislative Assemblies from five years to six years, which increased the duration of legislative power (this change was later reversed by the 44th Amendment Act, 1978).
   • It also made the President bound by the advice of the Council of Ministers, reducing the President's discretionary powers and ensuring quicker executive action.
   • Furthermore, it curtailed the power of judicial review by prohibiting courts from questioning the constitutional validity of any amendment, thereby strengthening parliamentary supremacy over the judiciary. These changes collectively aimed at making governance smoother and potentially less susceptible to procedural delays or judicial interference.

Other Significant Amendments by the 42nd Act:

• Preamble Changes: Added the words 'Socialist', 'Secular', and 'Integrity' to the Preamble of the Constitution.
• Fundamental Duties: Added a new Part IV-A to the Constitution, comprising Article 51-A, which specifies the Fundamental Duties of citizens.
• Directive Principles of State Policy (DPSP): Added three new Directive Principles:
  1. Equal justice and free legal aid (Article 39A)
  2. Participation of workers in the management of industries (Article 43A)
  3. Protection and improvement of environment and safeguarding of forests and wild life (Article 48A)
• Emergency Provisions: Empowered the Centre to deploy armed forces in any state to deal with a grave law and order situation.
• Administrative Tribunals: Provided for the creation of Administrative Tribunals (Article 323A) and tribunals for other matters (Article 323B) to resolve disputes efficiently.
• Most of the anti-democratic provisions introduced by the 42nd Amendment were subsequently repealed or modified by the 44th Constitutional Amendment Act, 1978, which was enacted by the Janata Government to restore some of the pre-1976 constitutional positions.