The 42nd Constitutional Amendment: A Comprehensive Analysis

The 42nd Constitutional Amendment, enacted in 1976, is a significant legislative effort aimed at providing a more structured and robust framework for governance in India. This amendment is often referred to as the 'Mini Constitution' due to the extensive changes it brought about. This article delves into the key features, implications, and historical context of this landmark legislation.

Historical Context and Overview

The 42nd Constitutional Amendment was passed in 1976 in the backdrop of the 41st Amendment which had already been enacted earlier. This amendment was intended to make significant alterations to the Constitution to enhance its value and structure.

Key Features of the 42nd Constitutional Amendment

Preamble

Amendment in Preamble: The 42nd Amendment added three crucial words to the Preamble: 'Socialist,' 'Secular,' and 'Integrity.' This addition provided a broader base for the management of the country based on a sovereign socialist secular democratic republic. The amended Preamble now reads:

A Sovereign Socialist Secular Democratic Republic and to secure to all its citizens:

Justice: Social, Economic, and Political Liberty: of Thought, Expression, Belief, Faith, and Worship Equality: of Status and of Opportunity Fraternity: assuring the dignity of the individual and the unity and integrity of the Nation

Seventh Schedule

Changes in State List: Five subjects were shifted from the State List to the Concurrent List. These subjects include: Education, Forests, Weights and Measures, Protection of Wild Animals and Birds, and Administration of Justice. This shift was aimed at ensuring that the central government had more control over certain policy areas.

Fundamental Duties

Introduction of Fundamental Duties: The 42nd Amendment introduced Fundamental Duties under Part 4A. Initially, there were ten such duties, but the 86th Amendment added a 11th duty. This section now includes:

To abide by the Constitution, and respect its ideals and institutions, the National Flag and the National Anthem. To cherish and follow the noble ideals which inspired our national struggle for freedom. To uphold and protect the sovereignty, unity, and integrity of India. To defend the country and render national service when called upon to do so. To promote pride of place and respect for the country and to preserve the national heritage and to respect its rich cultural heritage. To protect public property and to abjure violence. To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of achievements. To prevent any projection of religion for gain. To defend Operation Blue Star and the Amar Jyoti. To have knowledge of Hindi in order to promote the ethos of the nation. To protect the dignity of the women and to remove social inequities. To preserve the rich heritage of our cultural diversity.

Directive Principles of State Policy (DPSP)

New DPSPs: Three new DPSPs were added through this amendment. These include:

Article 39A (Follow welfare and social justice policies). Article 43A (Regulate the concentration of wealth). Article 48A (Protect festivals and rituals).

Impact on Judiciary and Enhanced Parliamentary Powers

Curtailment of Judicial Powers: Judicial powers of High Courts were curtailed under this amendment. A new part was introduced to provide for the establishment of Administrative Tribunals under Part 14A.

Extension of Lok Sabha’s Term: The amendment also extended the term of the Lok Sabha. The President was bound to act on the advice tendered by the Council of Ministers.

Historical Significance and Controversy

The 42nd Amendment resulted in the amendment of more than 50 articles, the inclusion of 9 new articles, and the addition of two parts. Notably, some of the key amendments were articles 39A, 43A, 48A, 251, 357, 356, and 358. The equality before law and the provision for legal aid under a free option by Article 39A were also introduced during this historical period.

Implications and Immediate Relevance

While the 42nd Amendment aimed at strengthening the governance structure, its implementation remains a matter of debate and critical analysis in contemporary times. The concept of 'Socialist,' 'Secular,' and 'Integrity' introduced in the Preamble has provided a broader conceptual framework for managing the country. However, the real challenge lies in formulating laws based on these constitutional principles, and ensuring that existing laws align with the constitutional values.

Despite the significant changes, many argue that the implementation of these constitutional amendments remains limited, and that there is a need to reinforce their spirit and letter in the legislative and judicial processes.