Question

With reference to the 42nd Constitutional Amendment Act, consider the following statements:

i. It added the words "Socialist," "Secular," and "Integrity" to the Preamble of the Constitution.

ii. It curtailed the powers of the Supreme Court and High Courts in terms of judicial review.

iii. It reduced the tenure of the Lok Sabha and State Legislative Assemblies to 5 years.

iv. It introduced Fundamental Duties under Part IV-A of the Constitution.

Which of the statements given above are correct?

• A. i, ii, and iv only
• B. i, iii, and iv only
• C. ii, iii, and iv only
• D. i and ii only

Answer 1

Answer:

A. i, ii, and iv only

42nd Constitutional Amendment Act, 1976

• Often referred to as the 'Mini-Constitution,' the 42nd Amendment Act of 1976 was a landmark piece of legislation that significantly altered the Indian Constitution. It was enacted during the Emergency period.
• Statement i is correct: This amendment introduced the words 'Socialist,' 'Secular,' and 'Integrity' into the Preamble of the Constitution, reflecting a shift in the nation's ideological direction.
• Statement ii is correct: The Act placed limitations on the power of judicial review by the Supreme Court and High Courts. It stated that the constitutional validity of any state law could not be challenged in a High Court on the ground of being inconsistent with certain provisions of the Constitution related to directive principles.
• Statement iii is incorrect: The 42nd Amendment actually increased the tenure of the Lok Sabha and State Legislative Assemblies from 5 years to 6 years. However, this was later reversed by the 44th Amendment Act, 1978, which restored the original term of 5 years.
• Statement iv is correct: This amendment introduced a new Part (Part IV-A) to the Constitution, which contained a single Article (Article 51A) laying down the Fundamental Duties of the citizens. These duties were added on the recommendation of the Swaran Singh Committee.
• Other key changes introduced by the 42nd Amendment include:
  • Added Directive Principles regarding child and youth protection, equal justice and free legal aid, and participation of workers in management of industries.
  • Made the President bound by the advice of the Council of Ministers.
  • Empowered Parliament to amend any part of the Constitution, including fundamental rights, bypassing judicial review (this was later struck down by the Supreme Court in the Kesavananda Bharati case).
• The 42nd Amendment Act remains one of the most comprehensive and controversial amendments in the history of the Indian Constitution due to the sweeping changes it introduced.