42nd Amendments
- The 42nd Amendment Act is often referred to as the “Mini Constitution” of India.
- Enacted during the Emergency (1975–77) under the Indira Gandhi government, it made the most comprehensive changes to the Constitution.
- The amendment aimed to strengthen the central government, reduce judicial powers, and introduce socialist principles.
📝 PYQ (BPSC 66th): Which amendment is called the “Mini Constitution”? → 42nd Constitutional Amendment Act, 1976
Key Features and Provisions of the 42nd Amendment
Preamble Changes
- Added the words:
“Socialist”, “Secular”, and “Integrity” - Full description: India as a “Sovereign Socialist Secular Democratic Republic”
📝 PYQ (BPSC 68th): Which amendment added ‘Socialist’, ‘Secular’ and ‘Integrity’ to the Preamble? → 42nd Amendment
Fundamental Duties (Part IVA)
- Introduced 10 Fundamental Duties (Article 51A) for Indian citizens
- Inspired by the Soviet Constitution
- Duties include respecting the Constitution, national flag, promoting harmony, etc.
📝 PYQ (BPSC 67th): Fundamental Duties were added by which amendment? → 42nd Amendment
Directive Principles Strengthened
- Made DPSPs more powerful than Fundamental Rights under Article 31C
- Gave precedence to socialist and welfare policies of the state
Parliamentary Supremacy
- Declared that Parliament had unlimited power to amend any part of the Constitution (overturned later in Minerva Mills Case, 1980)
Curb on Judiciary
- Restricted judicial review
- Declared laws implementing DPSPs as beyond judicial challenge
- Reduced powers of High Courts in constitutional matters
Duration of Legislatures
- Extended the term of Lok Sabha and State Assemblies from 5 to 6 years
- Later reversed by the 44th Amendment (1978)
Changes in Articles & Schedules
- Amended Article 368 to reduce the power of judiciary in constitutional amendments
- Added Articles 31D, 39A, 43A, 48A
- 39A: Free legal aid
- 43A: Participation of workers in industries
- 48A: Protection of environment
Criticism and Controversies
- Passed during Emergency without proper debate
- Seen as an attempt to centralize power and weaken federalism
- Many provisions reversed by the 44th Amendment (1978) under Janata Party
Quick Revision Points
- Passed in 1976 during Emergency
- Known as Mini Constitution
- Added: Socialist, Secular, Integrity to Preamble
- Introduced Fundamental Duties (Part IVA, Article 51A)
- Gave primacy to DPSPs over Fundamental Rights
- Curtailed judiciary’s power
- Extended Lok Sabha tenure to 6 years (later reversed)
Sources Used
- NCERT Class 11 – Indian Constitution at Work
- Laxmikanth – Indian Polity (6th Edition)
- Lucent GK – Polity Section
- Ghatna Chakra BPSC PYQs
- Ministry of Law & Justice – Constitutional Amendments