42 Amendment of the Indian Constitution: Why It is Called the Mini-Constitution

India’s constitutional journey has a distinct chapter reserved for the 42 Amendment of Indian Constitution, enacted in 1976 during the Emergency period led by Prime Minister Indira Gandhi. Often called the “Mini-Constitution,” this amendment brought sweeping changes that altered the balance of power between the central and state governments, the legislature, and the judiciary. It reshaped Indian politics and law during a time of political unrest and has since remained a significant and debated milestone in the country’s democratic evolution.

What is the 42nd Amendment of Indian Constitution?

In the mid-1970s, India was politically and socially unstable, prompting this modification. Before the 42 Amendment of the Indian Constitution 1976 happened, India was going through an uncertain period politically. The country faced a declared emergency state with growing concerns about national unity. To strengthen the central government and limit judicial oversight, they brought about this. These included changing the Preamble to reflect India as a socialist and secular country more clearly. Many perceived the 42nd Amendment Act as a move toward centralization and less freedom. In India’s constitutional history, people still consider this chapter controversial.

Objectives of the 42nd Amendment

The amendment primarily aimed to:

• Secularism: In the Indian Constitution’s preamble, the amendment included “secular”.
• Social Justice: The 42nd Amendment promoted social fairness by reserving seats for Scheduled Castes and Tribes in schools and government positions.
• Fundamental obligations: This amendment established citizen obligations.
• Constitutional Review: The 42nd Amendment barred the court from investigating Constitutional modifications that breached its framework.
• Emergency Powers: The Amendment expanded the President’s emergency powers. The President might proclaim a state of emergency for internal disturbances and threats to India’s security, giving the government more power during emergencies.
• Local Self-Government: It included a directive concept that supported village panchayats and granted them certain rights and duties.
• Change in the Nomenclature: The 42nd Amendment also renamed “Prime Minister” “Prime Minister of India,” emphasizing the office’s nationality.

Historical Context: The Emergency and Political Backdrop

In 1975, India faced an unprecedented political crisis. The Allahabad High Court invalidated Indira Gandhi’s 1971 election due to electoral malpractice, casting doubt on her legitimacy as Prime Minister. Faced with widespread political opposition, social unrest, and economic challenges, she advised the President to declare a state of Emergency, which lasted from 1975 to 1977.

The Emergency effectively suspended civil liberties, curtailed judicial review, and ramped up executive power. It was in this environment that the 42nd Amendment was introduced, aiming to strengthen the central government while limiting the judiciary’s influence.

Key Features and Major Changes of the 42nd Amendment

The 42nd Amendment introduced extensive changes across the Constitution. Here are the most significant provisions:

• Preamble: The words “Socialist” and “Secular” were added, and the phrase “unity of the nation” was changed to “unity and integrity of the nation.”
• Fundamental Duties: A new chapter, Part IV-A, was added, which introduced ten Fundamental Duties for all citizens under Article 51-A.
• Primacy of Directive Principles: The amendment gave precedence to the Directive Principles of State Policy (DPSP) over Fundamental Rights. It added new DPSPs, including Article 39A (equal justice and free legal aid) and Article 43A (participation of workers in the management of industries).
• Curtailment of Judicial Power: The power of judicial review for the Supreme Court and High Courts was significantly curtailed. Constitutional amendments were made immune from judicial scrutiny.
• Extension of Legislative Terms: The tenure of the Lok Sabha and State Legislative Assemblies was extended from five to six years.
• President’s Role: It was made obligatory for the President to act in accordance with the advice of the Council of Ministers.
• Transfer of Subjects to Concurrent List: Five subjects were moved from the State List to the Concurrent List, giving the Centre power to legislate on them. These were:
  1. Education
  2. Forests
  3. Protection of wild animals and birds
  4. Weights and measures
  5. Administration of justice
• Administrative Tribunals: Part XIV-A was added to the Constitution, allowing for the creation of administrative tribunals to handle disputes related to public service employment.
• Emergency Provisions: The amendment made it easier for the central government to declare and extend a state of emergency, increasing executive power during such periods.

Why is the 42nd Amendment called the ‘Mini Constitution of India’

The Mini Constitution is another name for the 42nd Amendment to the Indian Constitution. During the Emergency in 1976, they put it into effect. It was among the most important Constitutional amendments. It altered a lot of significant things, such as:

Major Changes through the 42nd Amendment

Provisions	Modifications
Article 32A	refused the Supreme Court the authority to evaluate whether the State law was constitutional.
Article 131A	The State Legislative Assemblies and Lok Sabha had six-year terms. It made it possible for the Center to send troops into the state to handle disputes involving law and order (Article 257A). Special discretionary powers were granted to the Prime Minister and the Speaker of the Lok Sabha (Article 329A). The Parliament and state legislatures no longer required a quorum. The power to determine the rights and privileges of its members and committees was granted to the Parliament.
Article 144A	To determine whether a Central or State law is constitutional, the Supreme Court sets a minimum of seven judges. A two-thirds majority of the judges had to vote for the law to be declared unconstitutional. The authority of the High Court to grant writs “for any other purpose” was subject to some limitations.
Parliament	The following categories were transferred from the State list to the Concurrent list: education, forests, conservation of wild animals and birds, weights and measures, administration of justice, constitution, and organization of all courts, with the exception of the Supreme Court and the High Courts.
Executive	The terms of the Lok Sabha and State Legislative Assemblies were for six years. It enabled the Center to address conflicts about law and order by deploying troops into the state (Article 257A). The Speaker of the Lok Sabha and the Prime Minister each have special discretionary powers (Article 329A). A majority of members were no longer necessary for the state legislatures or the Parliament. The Parliament was given the authority to decide what the privileges and rights of its committees and members would be.
Judiciary	The judicial review authority of the High Courts was limited. enabled for the All-India Judicial Service to be established.
Federalism	Article 257A gave the Center the authority to use any Union armed force in any State to address a serious law and order issue.
Preamble	The Preamble was amended to include “Sovereign Socialist Secular Democratic Republic.”
Fundamental Rights	All Directive Principles took precedence over the Fundamental Rights mentioned in Articles 14, 19, or 31.
Directive Principles of State Policy	Fundamental Rights were subordinated to Directive Principles, and any laws passed by the Parliament in this regard were excluded from the Court’s judicial review. Article 39: To provide chances for kids to develop properly. Article 39A: To advance equitable justice and give the underprivileged free legal assistance.Article 43A: To take action to ensure that employees are involved in industry management.Article 48A: to preserve and enhance the natural environment, as well as to protect wildlife and forests.
Fundamental Duties	The government established the Swaran Singh Committee in 1976, and its recommendations are outlined in Article 51-A under Part IV-A, which outlines citizens’ Fundamental Duties. The 11th Fundamental Duty, which states that a parent or guardian must provide educational opportunities for their child or ward between the ages of six and fourteen, was added by the 86th Constitutional Amendment Act.
Emergency	Anywhere in the nation, the President could declare an emergency.
Seventh Schedule	The following categories were transferred from the State list to the Concurrent list: education, forests, conservation of wild animals and birds, weights and measures, administration of justice, constitution, and organization of all courts, with the exception of the Supreme Court and the High Courts.
Tribunals	Education, forests, conservation of wild animals and birds, weights and measures, administration of justice, constitution, and organization of all courts: apart from the Supreme Court and the High Courts- were among the categories that were moved from the State list to the Concurrent list.
Amended Article 102 (1)(a)	To disqualify offices vesting in Parliament rather than in State Legislatures, it seeks to provide that an individual will be disqualified if he holds any such profit-making office under the Government of India or the Government of any State as declared by Parliamentary law.

The Swaran Singh Committee: Blueprint Behind the Amendment

The 42nd Amendment was largely based on recommendations from the Swaran Singh Committee, constituted in 1976 to review the Constitution. Besides advocating the inclusion of Fundamental Duties, it recommended the supremacy of Directive Principles over Fundamental Rights and enhanced powers of Parliament to amend the Constitution, reflecting the ruling government’s intent to ensure stronger central control and political stability.

Judicial Pushback: The Minerva Mills Case

The sweeping powers granted by the 42nd Amendment faced a robust challenge in the judiciary. The landmark Minerva Mills Ltd. v. Union of India (1980) judgement reaffirmed the supremacy of the Constitution’s basic structure over parliamentary amendments.

The Supreme Court struck down provisions that:

• Gave the Directive Principles precedence over Fundamental Rights, emphasizing the balance between the two as essential.
• Claimed unlimited amending power for Parliament, reinstating judicial review as a fundamental guardian of the Constitution.

The case thus reasserted the judiciary’s role in limiting legislative and executive overreach, protecting democracy, and ensuring fundamental rights.

Impact of the 42 Amendment of Indian Constitution

The 42nd Amendment Act of 1976 stands as one of the most far-reaching amendments to the Indian Constitution. Its impact was significant and multifaceted:

• Centralization of Power: A hallmark of the 42nd Amendment was a shift in power dynamics. It strengthened the central government by:
  • Curtailing the power of state courts and legislatures.
  • Expanding the powers of the Parliament and the Prime Minister.
• Weakening Judicial Review: The amendment restricted the judiciary’s ability to challenge legislative actions. This raised concerns about a potential erosion of checks and balances within the Indian government.
• Expanded Executive Authority: The amendment extended the Prime Minister’s term in office by one year, further consolidating executive power.

Critics argued that these changes tilted the balance of power excessively in favor of the central government and the Prime Minister, potentially undermining the federal structure and democratic principles enshrined in the Constitution.

In contrast to other amendments that focused on specific aspects of the Constitution, the 42nd Amendment aimed for a more comprehensive reshaping of the power structure. However, its approach proved controversial, sparking debate about the appropriate balance between central authority and individual rights in India.

How is the 44th Amendment Act related to the 42nd Amendment Act?

After the Emergency ended, the Janata Party government introduced the 44th Amendment (1978) to restore democratic checks and balances. Key reversals included:

• Reining in Unchecked Power: The 42nd Amendment granted the government broad powers to amend the Constitution, raising concerns about its misuse. The 44th Amendment reversed this, restoring a more balanced approach.
• Right to Property Recategorized: The 42nd Amendment had elevated the Right to Property to the status of a Fundamental Right. The 44th Amendment recategorized it as a legal right, ensuring its protection while acknowledging limitations.
• Narrowing Emergency Grounds: The 44th Amendment tightened the definition of situations that could trigger a national emergency. It replaced the vague term “internal disturbances” with “armed rebellion,” making the use of emergency powers more specific.
• Restoring Judicial Power: The 44th Amendment restored the High Courts’ authority to issue writs beyond the realm of Fundamental Rights enforcement, a power curtailed by the 42nd Amendment.
• Safeguarding Secularism and Democracy: The 44th Amendment aimed to strengthen the secular and democratic character of the Constitution, potentially weakened by provisions of the 42nd Amendment.

42nd Amendment of Indian Constitution UPSC Guide

• Inclusion of Fundamental Duties: Introduced Article 51A, outlining ten Fundamental Duties for citizens to foster civic responsibility and national pride.
• Expansion of Directive Principles: Broadened the Directive Principles of State Policy by adding new provisions, including:
  • Article 39A – Ensuring free legal aid.
  • Article 43A – Promoting worker participation in management.
  • Article 48A – Strengthening environmental protection.
• Restriction on Judicial Review: Amended Articles 32, 131, and 226, limiting courts’ power to strike down laws violating Fundamental Rights.
• Extension of Legislative Terms: Revised Article 172, extending the tenure of the Lok Sabha and State Legislative Assemblies from five to six years, impacting elections and governance.
• Modification of Emergency Provisions: Strengthened the President’s authority in declaring and extending a state of emergency, reducing the frequency of parliamentary approvals from two months to six months.
• Transfer of Subjects to the Concurrent List: Shifted key areas like education, forests, and wildlife protection from the State List to the Concurrent List, increasing central oversight.
• Supremacy of Parliamentary Legislation: Established parliamentary laws as superior to state laws in matters under the Concurrent List, reinforcing central legislative power.
• Creation of Administrative Tribunals: Added Part XIV-A, introducing administrative tribunals to handle disputes related to public service employment, reducing judicial burden.

Conclusion

The 42nd Amendment of the Indian Constitution symbolizes a critical juncture where political exigencies shaped constitutional design, tipping the balance of power toward the central government at the cost of judicial oversight and federalism. While it aimed to promote socialism, secularism, and social justice, it also raised fundamental questions about democracy, the rule of law, and constitutional limits.

Its legacy remains a cautionary tale, underlining the need to preserve the constitutional balance between different branches of government and respect for citizens’ fundamental rights, even in times of crisis.

Read More:-

• The 44th Amendment of Indian Constitution: An Overview
• The Parts of the Indian Constitution: A Comprehensive Guide
• Amendment in the Indian Constitution: An Overview
• 104 Amendment of the Indian Constitution
• 105 Amendment of Indian Constitution: Act, Significance, Impact.
• 10 Essential Salient Features of the Indian Constitution

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