Indian Constitution

Model Answers

Introduction

The 42nd Constitutional Amendment Act, 1976, also known as the “Mini Constitution,” introduced several significant changes to the Indian Constitution. These changes impacted various aspects of governance, judiciary, federalism, and individual duties, marking a transformative period in India’s constitutional history.

Changes in the Preamble

The Preamble was amended to include the terms “socialist” and “secular,” reflecting a broader vision of India’s values. Additionally, the phrase “unity of the nation” was changed to “unity and integrity of the nation,” emphasizing the importance of national integration. These changes highlighted India’s commitment to social and secular values (Source: Indian Constitution).

Changes in the 7th Schedule

The 42nd Amendment moved several subjects, including “Education” and “Forests,” from the State List to the Concurrent List. This change increased central authority but led to tensions between the central and state governments over legislative matters (Source: Indian Constitution).

Insertion of Fundamental Duties

Article 51A was added, listing ten Fundamental Duties for citizens, reinforcing the idea that rights come with corresponding responsibilities (Source: Indian Constitution).

Judiciary and Fundamental Rights

The Amendment curtailed the power of judicial review, limiting the role of courts in scrutinizing constitutional amendments and strengthening the central government’s authority (Source: Indian Constitution).

Directive Principles of State Policy (DPSPs)

Three new DPSPs were added, enhancing state responsibility towards workers, legal aid, and environmental protection. Additionally, Article 31C gave primacy to DPSPs over Fundamental Rights (Source: Indian Constitution).

Conclusion

The 42nd Amendment Act brought about extensive constitutional reforms, significantly altering India’s political and legal framework, with lasting implications on the balance of power between the central government and states.

Model Answer

Introduction

The 42nd Amendment Act of 1976 was a landmark moment in India’s constitutional development, enacted during a period of political unrest. It introduced significant reforms that reshaped the nation’s legal and political framework, influencing the evolution of democratic governance in India.

Positive Reforms

1. Strengthening Social Justice:
   • Fundamental Duties: The Act added Part IVA (Article 51A), which outlined fundamental duties, promoting national unity and social responsibility.
   • Amendment to the Preamble: The words “Socialist” and “Secular” were added, underscoring India’s commitment to social justice and religious tolerance.
   • Directive Principles: Articles 39A, 43A, and 48A were introduced to ensure the government’s commitment to promoting economic equality, social justice, and environmental protection.
   • Tribunals: The establishment of administrative and other tribunals under Part XIV-A was aimed at ensuring efficient resolution of socio-economic issues.
2. Promoting National Unity and Integrity:
   • Preamble Change: The words “Unity and Integrity of the Nation” were included, emphasizing national cohesion.
   • Enhanced Central Power: Article 257A increased the central government’s authority to deploy forces to maintain internal security.
3. Enhanced Executive Efficiency:
   • The President was made bound by the advice of the Cabinet, enhancing executive decision-making efficiency.

Negative Aspects

1. Erosion of Individual Rights: The Act restricted judicial review during emergencies and curtailed fundamental rights, which led to concerns over potential misuse and suppression of dissent.
2. Curtailed Judicial Review: The Act limited the judiciary’s ability to review constitutional amendments and actions, undermining the principle of checks and balances.
3. Increased Executive Power: Expanded presidential powers during emergencies and the suspension of rights raised concerns about authoritarian governance.

Significance in Shaping Constitutional Landscape

1. Reaffirming Core Values: The insertion of “Socialist” and “Secular” into the Preamble reinforced India’s dedication to justice, equality, and tolerance.
2. Kesavananda Bharati Case: The 42nd Amendment triggered the landmark Kesavananda Bharati case, which led to the establishment of the “Basic Structure Doctrine,” asserting that certain constitutional features cannot be altered by Parliament.
3. 44th Amendment: The 44th Amendment in 1978 rectified some provisions of the 42nd Amendment, restoring individual rights and judicial independence.
4. Directive Principles vs. Fundamental Rights: The 42nd Amendment prioritized Directive Principles, shifting the focus towards the state’s role in socio-economic reforms.

Conclusion

The 42nd Amendment left a controversial but lasting legacy on India’s constitutional framework. Its impact sparked debates and legal battles, leading to reforms that balanced executive power, judicial independence, and the protection of individual rights in the years that followed.