42nd Amendment Act Of Indian Constitution: Key Features, Changes- UPSC Notes

The 42nd Amendment Act of the Indian Constitution is one of the most significant revisions to the Indian Constitution. The Indian National Congress Government, led by Indira Gandhi, passed it in 1976. This act is also known as the 'Mini-Constitution' because of the enormous number of revisions it has brought to the Indian Constitution. 

The 42nd Amendment Act is a topic relevant to the UPSC CSE context under General Studies Paper II and General Studies Paper II. It is a basic topic for aspirants which helps to understand the dynamic aspect of the 42nd Amendment Act. The 42nd Amendment Act is an important topic for UPSC Civil Services because it highlights the key features of 42nd Amendment Act, which are frequently discussed in the exam. Join UPSC Coaching today to boost your preparation. 

In this article on the 42nd Amendment Act of the Indian Constitution UPSC, we shall discuss its features, evolution, consequences, significance, and effects on the Indian Political Structure. This will be very useful for aspirants in the UPSC Prelims Exam.

Also, study the NCERT Notes on Fundamental Duties in India from the linked article.

What is the 42nd Amendment of the Indian Constitution?

The 42nd Amendment Act of the Indian Constitution is also known as the Mini Constitution. It was enacted in 1976 during the Emergency. It was one of the most significant amendments to the Constitution. It made many important changes.

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These features collectively made the 42nd Amendment Act a pivotal, though controversial, point in India's constitutional history. They reflect both the ambitions for a more centrally guided development agenda and the tensions involved in preserving democratic institutions.

Read the article on the Sources of the Indian Constitution!

Changes Made by the 42nd Amendment Act

• Preamble to the COI
  • This Amendment Act has made the following changes to the Preamble:
  • Added the words socialist and secular.
  • The words unity of the nation were changed to unity and integrity of the nation.
• Directive Principles of State Policy (DPSP)
  • Articles 39A, 43A, and 48A were added to the Directive Principles of State Policy by this Amendment Act, and changes were made to Article 39(f).
  • Article 39(f): Children are given opportunities and facilities to develop in a healthy manner and conditions of freedom and dignity, and childhood and youth are protected against exploitation and moral and material abandonment.
  • Article 39A: To promote equal justice and to provide free legal aid to people experiencing poverty.
  • Article 43A: To take steps to secure the participation of workers in the management of industries.
  • Article 48A: To protect and improve the environment and to safeguard forests and wildlife.
• Fundamental Duties
  • Part IV-A, which contained Fundamental Duties under Article 51 of the COI, was constituted.
  • Presently, 11 fundamental duties are enlisted in the COI.
• Seventh Schedule
  • Education, Forests, Protection of wild animals and birds, Weights and Measures, Administration of Justice, Constitution, and organization of all courts except the Supreme Court and the High Courts were all moved from the State list to the Concurrent list.
• Parliament
  • By the Amendment Act, the President was obligated to follow the cabinet's advice.
  • Article 257A was added, which allowed the Centre to deploy central forces in the state to deal with law-and-order conflicts.
  • Quorum requirements in the Parliament and state legislatures were abolished.
  • The Parliament was given the authority to regularly decide on the rights and privileges of its members and committees.
  • The Lok Sabha and State legislative assemblies now had a six-year term instead of five.
• Emergency
  • As per the changes made in Article 352 of the COI by this Amendment Act, a proclamation of national Emergency may be applicable to the entire country or only a part of it.
  • This Amendment Act extended the one-time duration of the President's rule in a State from six months to one year.
• Judiciary
  • The High Courts' judicial review power was curtailed.
  • Provided for the creation of the All-India Judicial Service.
• Part XIV-A of the COI
  • Articles 323A and 323B were added to deal with the tribunals dealing with administrative matters and tribunals for other issues, respectively.
• Suspension of the Fundamental Rights
  • This Amendment Act introduced the necessary clauses to the COI that allowed for the suspension of fundamental rights in times of need.
  • Whenever an external emergency is imposed, Article 358 of the COI suspends the rights given by Article 19 of the COI without any special notice. It provides that Article 19 is suspended nationwide for the duration of the Emergency and that emergency laws are given legal immunity.

Study the NCERT Notes on Schedules of the Indian Constitution here.

Relation between 44th Amendment and 42nd Amendment of Indian Constitution

The government introduced the 44th Amendment Act in 1978. The act was enacted to undo the provisions of the 42nd Amendment Measure of 1976.

• The 44th Amendment Act removed the Right to Property from the list of fundamental rights and established them as legal rights.
• The power of the High Courts to issue writs for purposes other than the enforcement of essential rights was restored by amending Article 226.
• The 44th Amendment stripped the government of its unjustified power. The Emergency Provisions of the Constitution were amended by the 44th Amendment Act, making them more difficult to abuse in the future.
• It restored the Supreme Court's and High Court's jurisdiction and powers, which they had prior to the passage of the 42nd Amendment Act. It reaffirmed the Constitution's secular and democratic ideals.
• Ministerial advice binds the President under the 42nd and 44th Amendment Acts of 1976 and 1978, respectively.
• Previously, the grounds for declaring a national emergency were external aggression and internal disturbances, but the 44th Amendment changed the word "internal disturbances" to "armed rebellion."
• The 44th Amendment Act of 1978 added a new Directive Principle requiring the state to minimize inequalities in income, status, facilities, and opportunities (Article 38).

Download The 42nd Amendment Act Key Takeaways PDF

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