Roadmap for Answer Writing
1. Introduction (30-40 words)
- Purpose: Introduce the significance of the 42nd Amendment Act, 1976, highlighting it as a comprehensive reform known as the “Mini Constitution.”
- Context: Briefly mention that the Amendment was aimed at reinforcing central authority and altering key provisions related to governance, federalism, and the judiciary.
Example:
The 42nd Constitutional Amendment Act, 1976, is often referred to as the “Mini Constitution” due to its sweeping changes to India’s Constitution. It was introduced to centralize power and strengthen governance structures in India.
2. Changes in the Preamble (40-50 words)
- Facts:
- Socialist and Secular were added to describe the Indian state.
- Unity and Integrity of the nation were emphasized.
- Analysis: This reflected the government’s vision of a more inclusive, socialist, and integrative nation.
Source:
- Indian Constitution (Amendment of the Preamble).
3. Changes in the 7th Schedule (40-50 words)
- Facts:
- Several subjects, like “Education” and “Forests,” were moved from the State List to the Concurrent List.
- Analysis: This shift increased central legislative power, but led to federal tensions as both the center and states could legislate on the same subjects.
Source:
- Indian Constitution, 7th Schedule (Concurrent List).
4. Insertion of Fundamental Duties (40-50 words)
- Facts:
- Ten Fundamental Duties were added under Article 51A.
- These duties were non-justiciable but aimed at fostering responsible citizenship.
- Analysis: This change highlighted the balance between rights and responsibilities for citizens.
Source:
- Indian Constitution, Article 51A.
5. Changes in Judicial Power (40-50 words)
- Facts:
- Judicial review power of courts was curtailed.
- Amendments were exempt from judicial scrutiny, limiting the role of the judiciary.
- Analysis: This shift reduced the system of checks and balances and increased executive and legislative control over constitutional changes.
Source:
- Indian Constitution (Article 368), Judiciary-related changes.
6. Directive Principles of State Policy (DPSPs) (40-50 words)
- Facts:
- Three new DPSPs were introduced: legal aid (Article 39A), workers’ rights (Article 43A), and environmental protection (Article 48A).
- Article 31C prioritized DPSPs over Fundamental Rights.
- Analysis: These provisions enhanced the state’s role in social justice and environmental protection.
Source:
- Indian Constitution, Articles 39A, 43A, 48A, and 31C.
7. Formation of Tribunals (40-50 words)
- Facts:
- Part XIV-A was added, establishing tribunals for administrative and other matters (Articles 323A and 323B).
- Analysis: The formation of tribunals aimed to expedite justice and reduce the burden on regular courts.
Source:
- Indian Constitution, Articles 323A and 323B.
8. Changes in the Parliament (40-50 words)
- Facts:
- The Amendment altered the tenure of Lok Sabha from five to six years.
- It also removed quorum requirements and clarified the President’s role in aiding and advising the Council of Ministers.
- Analysis: These changes strengthened the role of the executive and diminished the checks on parliamentary power.
Source:
- Indian Constitution, Articles 74 and 83.
9. Changes in Federal Structure (40-50 words)
- Facts:
- The Amendment made it easier to declare a National Emergency and President’s Rule.
- The central government gained enhanced powers over states, including deploying armed forces to maintain law and order.
- Analysis: This shift weakened federal autonomy and gave the center greater control over states.
10. Conclusion (30-40 words)
- Summarize: Conclude by reiterating the broad and transformative nature of the 42nd Amendment Act. Highlight how it reshaped the balance of power between the central and state governments, while also altering the judiciary and social policies.
- Significance: Reflect on the long-term implications, including the impact on India’s federal structure and democratic principles.
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.