The 42nd Amendment Act of 1976, often referred to as the “mini-Constitution,” significantly altered the Indian Constitution. It was enacted during the Emergency period (1975-1977) and introduced extensive changes that impacted the balance of power between the central and state governments.

One of the most critical changes was the shift towards centralization. The amendment curtailed the powers of the states, enhancing the authority of the central government. It did so by transferring five subjects from the State List to the Concurrent List, including education, forests, and the administration of justice. This allowed the central government to legislate on these matters, thereby diminishing state autonomy.

Furthermore, the amendment reinforced the central government’s control over state governments by empowering the President to declare a national emergency on the grounds of “internal disturbance,” a term that was later replaced with “armed rebellion” by the 44th Amendment in 1978. This provision increased the central government’s ability to impose its will on states during emergencies.

Additionally, the amendment introduced changes that curtailed the judiciary’s power to review and invalidate laws passed by Parliament, thereby reducing judicial checks on central legislative authority.

Overall, the 42nd Amendment Act tilted the federal balance significantly in favor of the central government, eroding the federal structure envisaged by the original Constitution.

The 42nd Amendment Act of 1976, often referred to as the “mini-Constitution,” significantly altered the Indian Constitution. It was enacted during the Emergency period (1975-1977) and introduced extensive changes that impacted the balance of power between the central and state governments.

One of the most critical changes was the shift towards centralization. The amendment curtailed the powers of the states, enhancing the authority of the central government. It did so by transferring five subjects from the State List to the Concurrent List, including education, forests, and the administration of justice. This allowed the central government to legislate on these matters, thereby diminishing state autonomy.

Furthermore, the amendment reinforced the central government’s control over state governments by empowering the President to declare a national emergency on the grounds of “internal disturbance,” a term that was later replaced with “armed rebellion” by the 44th Amendment in 1978. This provision increased the central government’s ability to impose its will on states during emergencies.

Additionally, the amendment introduced changes that curtailed the judiciary’s power to review and invalidate laws passed by Parliament, thereby reducing judicial checks on central legislative authority.

Overall, the 42nd Amendment Act tilted the federal balance significantly in favor of the central government, eroding the federal structure envisaged by the original Constitution.