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Amendments made under 42nd Constitutional Amendment Act

  The 42nd Constitutional Amendment Act (1976) brought a number of changes in the Constitution. The Act inter-alia gave preponderance to the Directive Principles of State Policy over the Fundamental Rights. Established the supremacy of Parliament and curtailed the powers of Judiciary. The Act was first of its kind. Is was the most comprehensive Act and touched almost all the sensitive areas of the Constitution. The Amendment was meant to enhance enormously the strength of the Government.

    "The major Amendments made in the Constitution by the 42nd Amendment Act" are:

1. Preamble:

    The characterization of India as ‘Sovereign Democratic Republic’ has been changed to ‘Sovereign Socialist Secular Democratic Republic’. The words ‘Unity of the nation’ have been changed to ‘Unity and integrity of the nation'.

2. Parliament and State:

Legislatures: The life of the Lok Sabha and State Legislative Assemblies was extended from 5 to 6 years.

Executive: It amended Article 74 to state explicitly that the President shall act in accordance with the advice of the Council of Ministers in discharge of his duty .

Judiciary: The 42nd Amendment Act inserted Article 32A in order to deny the Supreme Court the power to consider the Constitutional validity of a State law. Another new provision. Article 131A, gave the Supreme Court and exclusive jurisdiction to determine question relating to the Constitutional validity of a central law.
    Article 144A and Article 128A, the creatures of Constitutional Amendment Act made further innovation the area of judicial review of the Constitutionality of legislation. Under Article 144A the minimum number of judges of the Supreme Court to decide a question of a Constitutional validity of a central or State law was fixed as at least seven and further, this required two-two-thirds majority of the judges sitting declare law as unconstitutional. While the power of the High Court enforce fundamental rights remained untouched, several restrictions were imposed on its power to issue writs ‘for any other purpose’.


3. Federalism:

     The Act added Article 257A in the Constitution to enable the Centre to deploy any armed force of the union, or any other force under its control.
For dealing with any grave situation of law and order in any State.
Fundamental Rights and Directive Principles: A major change that was made by 42nd Constitutional Amendment was to give primacy to all directive principles over the fundamental right contained in Articles 14, 19 or 31. The 42nd Constitutional Amendment added a few more directive principles free legal aid, participation of workers in management of industries, protection for environment and protection of forests and wildlife of the country.


Fundamental Duties: The 42nd Amendment Act inserted Article 51-A to create a new part called IV-A in the Constitution, which prescribed the fundamental duties to the citizens.

4. Emergency:

      Prior to 42nd Amendment Act, the President could declare emergency under Article 352 throughout the country and not in a part of the country alone. The Act authorised the President to proclaim emergency in any part of the country.
     The dominant thrust of the Amendment was to reduce the role of courts, particularly, that of the High Courts. It also sought to strengthen Parliament in various ways which in effect, added to the power of the Central Government it drew enormous criticism particularly for it was pushed through during Emergency.

Posted Date : 05-02-2021


గమనిక : ప్రతిభ.ఈనాడు.నెట్‌లో కనిపించే వ్యాపార ప్రకటనలు వివిధ దేశాల్లోని వ్యాపారులు, సంస్థల నుంచి వస్తాయి. మరి కొన్ని ప్రకటనలు పాఠకుల అభిరుచి మేరకు కృత్రిమ మేధస్సు సాంకేతికత సాయంతో ప్రదర్శితమవుతుంటాయి. ఆ ప్రకటనల్లోని ఉత్పత్తులను లేదా సేవలను పాఠకులు స్వయంగా విచారించుకొని, జాగ్రత్తగా పరిశీలించి కొనుక్కోవాలి లేదా వినియోగించుకోవాలి. వాటి నాణ్యత లేదా లోపాలతో ఈనాడు యాజమాన్యానికి ఎలాంటి సంబంధం లేదు. ఈ విషయంలో ఉత్తర ప్రత్యుత్తరాలకు, ఈ-మెయిల్స్ కి, ఇంకా ఇతర రూపాల్లో సమాచార మార్పిడికి తావు లేదు. ఫిర్యాదులు స్వీకరించడం కుదరదు. పాఠకులు గమనించి, సహకరించాలని మనవి.


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