Introduction to the Mini Constitution
The 42nd Constitutional Amendment Act, 1976, holds unparalleled significance in the history of the Indian Constitution. Enacted by the Indira Gandhi government during the period of National Emergency (1975–1977), this amendment brought about massive, fundamental changes to the basic structure of governance, prompting jurists to dub it the ‘Mini Constitution’.
For UPSC aspirants, a deep understanding of the 42nd Amendment is not just about listing provisions; it requires analyzing the intent, the consequences, and the subsequent constitutional rectifications that followed.
Pivotal Changes Introduced in the Preamble
Perhaps the most symbolic change was the alteration of the Preamble, the identity card of the Constitution. Three new terms were added, solidifying the socio-political direction of the nation:
- Socialist: To promote social and economic equality.
- Secular: To ensure equal respect and protection for all religions.
- Integrity: Replacing 'unity of the Nation' with 'unity and integrity of the Nation'.
Fundamental Duties (Part IV-A)
The 42nd Amendment introduced a new Part, IV-A, comprising Article 51-A. This Article enshrined the Fundamental Duties (initially 10, now 11), based on the recommendations of the Swaran Singh Committee.
Though non-justiciable, these duties serve as a constant reminder to citizens to abide by the Constitution, uphold national ideals, and protect the nation's integrity and environment. Their inclusion represented a shift toward balancing citizens' rights with their responsibilities.
Restricting Judicial Review and Power
A major thrust of the 42nd Amendment was the attempt to establish the supremacy of Parliament by curtailing the power of the judiciary. Key changes included:
- Curtailing High Courts’ Writ Jurisdiction: Restricting the scope of judicial review by High Courts regarding constitutional validity of central laws.
- Administrative Tribunals (Article 323-A): Provision for the establishment of administrative tribunals for the adjudication of disputes relating to the recruitment and conditions of service of public servants.
- Tribunals for other matters (Article 323-B): Provided for tribunals relating to taxation, land reforms, elections, etc.
- Constitutional Validity: Requiring a special majority of Supreme Court judges (2/3rds) to declare a central law unconstitutional (a provision later dropped).
Centralization and Federal Structure Changes
The amendment significantly enhanced the power of the central government, tilting the federal balance:
- Shifting Subjects: Five subjects were transferred from the State List to the Concurrent List, making them subjects on which both the Centre and States could legislate. These five subjects are critical for Prelims:
- Education
- Forests
- Protection of Wild Animals and Birds
- Weights and Measures (excluding those already specified)
- Administration of Justice (Constitution and organization of all courts except the Supreme Court and the High Courts)
- Proclamation of Emergency: Article 356 (President's Rule) could be extended for one year at a time (instead of six months).
- Binding the President: The President was mandated to act in accordance with the aid and advice of the Council of Ministers (though the power to send it back for reconsideration was added by the 44th Amendment).
- Extension of Term: The term of the Lok Sabha and State Legislative Assemblies was extended from five years to six years (later reversed by the 44th Amendment).
The Critical Role of the 44th Amendment (1978)
The sweeping and authoritarian nature of the 42nd Amendment faced immense backlash. After the Emergency was lifted and a new government was elected, the 44th Constitutional Amendment Act, 1978, was enacted to reverse many of the restrictive changes imposed by the 42nd Amendment.
The 44th Amendment:
- Restored the Lok Sabha and State Assembly term back to five years.
- Restored the power of the Supreme Court and High Courts to determine the constitutional validity of laws.
- Replaced 'internal disturbance' with 'armed rebellion' for declaring a National Emergency.
Conclusion and UPSC Relevance (Way Forward)
The 42nd Amendment remains a defining moment in India's constitutional journey, representing a period where the delicate balance between the legislature, the executive, and the judiciary was severely tested. For UPSC preparation, it is crucial to study the 42nd Amendment and the subsequent 44th Amendment in tandem.
The legacy of the 'Mini Constitution' underscores the dynamic and evolving nature of the Indian Constitution, illustrating how fundamental principles like Secularism, Socialism, and Federalism have been continuously debated and redefined through constitutional procedures. Aspirants must focus on the constitutional framework changes (Articles 323A/B) and the list of subjects moved to the Concurrent List, as these are frequent examination topics.