Question

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

1. It added Fundamental Duties under Part IV-A of the Constitution.

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

3. It empowered the President to declare a state of emergency in a part of India.

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

Answer 1

Answer:

D. All are correct

42nd Constitutional Amendment Act, 1976

• Introduction of Fundamental Duties: This amendment incorporated a new Part IV-A into the Constitution, which contains a single Article 51A, enumerating ten Fundamental Duties for the citizens of India. This was a significant addition, emphasizing the responsibilities of citizens alongside their rights.

• Shift from State List to Concurrent List: A major reform involved the transfer of five subjects from the State List (List II) to the Concurrent List (List III) of the Seventh Schedule. These subjects were:

  • Education

  • Forests

  • Weight and Measures

  • Protection of Wild Animals and Birds

  • Administration of Justice, constitution and organisation of all courts except the Supreme Court and High Courts.

  This move aimed to bring uniformity and national perspective to these crucial areas, allowing both the Union and State governments to legislate on them.

• Emergency Provisions: The amendment altered the provisions related to the Proclamation of Emergency. While it did not empower the President to declare an emergency in *part* of India, it did allow for the scope of the Proclamation of Emergency (Article 352) to be extended to any part of the territory of India, even if the emergency was proclaimed on the ground of internal disturbance affecting the whole of India.

• Other Significant Changes: The 42nd Amendment, often referred to as a 'Mini-Constitution,' also brought about other far-reaching changes, including:

  • Preamble alteration to include 'Socialist', 'Secular', and 'Integrity'.

  • Increasing the tenure of Lok Sabha and State Legislative Assemblies from 5 to 6 years.

  • Making the President bound by the advice of the Council of Ministers.

  • Empowering Parliament to amend any part of the Constitution, including Fundamental Rights (later struck down by the Kesavananda Bharati case).

• Context: The amendment was enacted during the period of the Internal Emergency (1975-77) and was steered through Parliament by the Indira Gandhi government. It represented a significant shift in the balance of power between the Centre and the States, and between Parliament and the Judiciary.