42nd Amendment of Indian Constitution
🔹 42nd Amendment of the Indian Constitution (1976)
1. Background
The 42nd Amendment was enacted during the Emergency period (1975-1977) under the government of Prime Minister Indira Gandhi.
It is considered the most comprehensive amendment in the history of the Indian Constitution.
The amendment made far-reaching changes affecting the Preamble, Fundamental Rights, Directive Principles, and powers of the Judiciary.
2. Objective
To strengthen the powers of the Central Government.
To limit the power of the judiciary to review laws passed by Parliament.
To curtail Fundamental Rights and enhance Directive Principles.
To make the Constitution more pro-Centre and pro-State.
3. Key Features of the 42nd Amendment
| Provision/Area | Key Change/Effect |
|---|---|
| Preamble | Added the words "Socialist," "Secular," and "Integrity" to the Preamble. |
| Directive Principles | Gave precedence to Directive Principles over Fundamental Rights in case of conflict. |
| Fundamental Rights | Restricted the power of courts to issue writs and enforce Fundamental Rights. |
| Parliament's Power | Expanded Parliament’s power to amend any part of the Constitution, including Fundamental Rights. |
| Judiciary’s Power | Curtailed the power of judicial review, especially under Article 368. |
| Emergency Provisions | Extended the duration of President's Rule in states from 6 months to 1 year. |
| Duration of Lok Sabha | Extended the term of Lok Sabha from 5 to 6 years during Emergency. |
| Appointment of Judges | Transfer of High Court judges made easier. |
| Fundamental Duties | Introduced Fundamental Duties for citizens (Article 51A). |
| Others | Added Articles 31C and 329A, affecting land reforms and elections, respectively. |
4. Significant Amendments
Article 31C: Gave primacy to certain Directive Principles over Fundamental Rights.
Article 368: Empowered Parliament to amend any part of the Constitution, including Fundamental Rights.
Extension of Emergency Provisions: Prolonged the period for President’s Rule and Lok Sabha tenure.
Added Fundamental Duties (Article 51A): Citizens’ duties towards the nation were enumerated.
5. Controversy and Criticism
Widely regarded as an attempt to curb judicial independence and weaken Fundamental Rights.
It was seen as undermining the “basic structure” of the Constitution by giving unchecked powers to Parliament.
The amendment was heavily criticized for centralizing power and undermining democracy.
6. Important Case Law Related to 42nd Amendment
6.1 Kesavananda Bharati v. State of Kerala (1973)
Although the judgment came before the 42nd Amendment was enacted, it limited Parliament’s power to amend the Constitution.
The Court held that Parliament cannot alter the “basic structure” of the Constitution.
This doctrine posed a direct challenge to the sweeping powers attempted by the 42nd Amendment.
6.2 Minerva Mills Ltd. v. Union of India (1980)
This is the most important judgment striking down key provisions of the 42nd Amendment.
The Supreme Court held:
The amendment violated the basic structure doctrine established in Kesavananda Bharati.
The balance between Fundamental Rights and Directive Principles is part of the basic structure.
The Court struck down clauses that gave primacy to Directive Principles over Fundamental Rights.
The limitation on judicial review (under Article 368) was also held unconstitutional.
This case restored the power of the judiciary and reaffirmed the supremacy of Fundamental Rights.
6.3 Waman Rao v. Union of India (1981)
The Supreme Court further clarified the scope of Parliament's power to amend the Constitution post-42nd Amendment.
It upheld the basic structure doctrine and stated that any amendment violating the basic structure would be invalid.
However, Parliament could amend the Constitution subject to this limitation.
7. Summary of the 42nd Amendment
| Aspect | Details |
|---|---|
| Enactment Year | 1976 |
| Amendment Number | 42nd |
| Preamble Changes | Added "Socialist", "Secular", and "Integrity" |
| Directive Principles | Given precedence over Fundamental Rights in certain circumstances |
| Fundamental Rights | Judicial review curtailed; Parliament’s power to amend expanded |
| Fundamental Duties | Introduced for the first time |
| Emergency Powers | Extended duration of President’s Rule and Lok Sabha’s term |
| Impact | Attempt to centralize power, curtail judiciary, and limit Fundamental Rights |
| Judicial Response | Major parts struck down in Minerva Mills; basic structure doctrine reaffirmed |
8. Conclusion
The 42nd Amendment was a turning point in Indian constitutional history, representing an attempt to concentrate power in Parliament and the Executive while curbing judicial independence and Fundamental Rights protections. However, the Supreme Court’s response in Minerva Mills and subsequent cases re-established the principle that Parliament’s power to amend the Constitution is not absolute and must respect the basic structure doctrine.
Thus, the 42nd Amendment, though expansive in scope, was significantly diluted by judicial intervention, reinforcing the balance of power among the organs of government and protecting the fundamental values of the Constitution.
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