Explain the key features of the 42nd Amendment Act of 1976.

315 Oct 2024

Nikhil Kumar2 followers

The 42nd Amendment Act of 1976 was a landmark constitutional amendment that introduced significant changes to the Constitution of India. It was enacted during the Emergency period and made extensive modifications to various aspects of the Indian Constitution. The amendment aimed to strengthen the power of the central government and introduced several key provisions that reshaped the political and constitutional landscape of India.

Major Points

The 42nd Amendment made major changes in the Constitution by altering the Preamble, increasing the power of the central government, and expanding the scope of Fundamental Duties. It also made changes to the judiciary, enhanced the powers of the Parliament, and limited the powers of the President.

Sub-major Topics

Alteration of the Preamble: The Preamble was amended to include the words "Socialist", "Secular", and "Integrity", reflecting the ideological shift in India"s governance during the Emergency period.
Expansion of Fundamental Duties: The amendment added a new section (Article 51A) outlining the Fundamental Duties of citizens, promoting a sense of responsibility towards the nation.
Strengthening the Role of the Parliament: The 42nd Amendment increased the power of the Parliament by giving it the authority to legislate on matters enumerated in the Concurrent List without the need for the President"s assent.
Changes in the Judiciary: The amendment curtailed the powers of the judiciary, particularly in judicial review, and gave more power to the Parliament in matters related to fundamental rights.

Key Features

The 42nd Amendment was known for its far-reaching reforms that were intended to centralize power, especially during the Emergency period. It provided a legal basis for the central government"s authority over states and altered the balance of power between the legislature and judiciary. The amendment also introduced the concept of the "Basic Structure Doctrine", which became a major judicial principle.

Sub-major Topics

Centralization of Power: The amendment increased the legislative powers of the central government, giving it greater control over the states in certain matters.
Reduction in the Power of States: The 42nd Amendment limited the powers of the state governments, particularly in relation to matters in the Concurrent List.
Judicial Review: The amendment curtailed the scope of judicial review, limiting the power of courts to examine the constitutional validity of laws.
Basic Structure Doctrine: Though not explicitly mentioned, the 42nd Amendment laid the foundation for the "Basic Structure Doctrine", which later became a critical principle in Indian constitutional law.

Key Questions and Answers

What were the key changes introduced by the 42nd Amendment Act of 1976?
Answer: The 42nd Amendment introduced changes to the Preamble, expanded Fundamental Duties, strengthened the central government, curtailed the powers of the judiciary, and altered the balance of power between the center and states.
What is the Basic Structure Doctrine?
Answer: The Basic Structure Doctrine, though not explicitly stated in the 42nd Amendment, was formulated by the judiciary to ensure that certain fundamental principles of the Constitution could not be altered by amendments.
How did the 42nd Amendment affect the powers of the Parliament?
Answer: The 42nd Amendment increased the powers of the Parliament, particularly in terms of legislation on the Concurrent List without requiring the President"s assent.
What was the impact of the 42nd Amendment on the role of the judiciary?
Answer: The amendment reduced the scope of judicial review, limiting the judiciary"s power to invalidate laws based on their constitutional validity.

The 42nd Amendment Act of 1976 played a pivotal role in shaping India"s political and constitutional framework, particularly by enhancing the power of the central government. Despite being controversial, many of its provisions continue to influence Indian constitutional law.