Roadmap for Answer Writing

1. Introduction

• Briefly introduce the 42nd Amendment Act of 1976.
• Mention its significance during a politically turbulent period and its pivotal role in reshaping the Indian Constitution.
• State that the Act introduced several major reforms, some of which have had lasting effects on India’s constitutional framework.

2. Body

A. Major Reforms Introduced by the 42nd Amendment Act

• Strengthening Social Justice:
  • Fundamental Duties (Article 51A): Introduced a new section emphasizing the duties of citizens towards the nation (e.g., promoting harmony, respecting the environment).
  • Preamble Amendment: Added “Socialist” and “Secular” to the Preamble, reflecting India’s commitment to social justice and religious tolerance.
  • Directive Principles of State Policy (DPSP): Added new provisions like Articles 39A, 43A, and 48A, enhancing the focus on social justice, economic equality, and environmental protection.
  • Tribunals (Part XIV-A): Constitutionally empowered administrative and other tribunals to ensure swift resolution of socio-economic issues.
• Promoting National Unity and Integrity:
  • Preamble Change: Inclusion of “Unity and Integrity of the Nation,” reinforcing national cohesion.
  • Central Government Powers (Article 257A): Strengthened the central government’s role in maintaining internal security and integrity of the nation.
• Executive Efficiency:
  • Cabinet Advice (Article 74): Made the President bound by the advice of the Cabinet, reducing the scope for executive discretion and enhancing government efficiency.

B. Negative Aspects

• Erosion of Individual Rights:
  • Limitations on Judicial Review: Restricted the power of the judiciary to review laws during emergencies, curtailing fundamental rights and potentially enabling misuse.
  • Suspension of Fundamental Rights: Allowed for the suspension of fundamental rights during emergencies, which raised concerns about authoritarian misuse.
• Increased Executive Power:
  • Expanded Presidential Powers: The President gained more powers to declare emergencies and suspend rights, diminishing checks and balances in the system.

C. Significance in Shaping the Constitutional Framework

• Reaffirmation of Core Values:
  • The amendments to the Preamble (Socialist, Secular) re-emphasized India’s core democratic and egalitarian values.
• Kesavananda Bharati Case (1973):
  • The 42nd Amendment directly led to the landmark Kesavananda Bharati case, which established the “Basic Structure Doctrine,” preventing Parliament from altering fundamental features of the Constitution.
• 44th Amendment (1978):
  • The 44th Amendment was introduced to reverse many of the controversial provisions of the 42nd Amendment, such as reinstating judicial review and restoring individual rights.

D. Key Lessons and Outcomes

• Strengthened Democracy: The 42nd Amendment laid the groundwork for a stronger centralized state but also highlighted the need for balancing executive power with judicial independence and individual rights.
• Evolution of Constitutional Principles: Legal battles, especially the Kesavananda Bharati case, played a key role in shaping modern constitutional interpretation and the evolution of democratic principles.

3. Conclusion

• Summarize the lasting impact of the 42nd Amendment on India’s constitutional framework, highlighting both positive and negative aspects.
• Conclude that the Act triggered significant legal debates and reforms, which have shaped the development of India’s democratic institutions.

Relevant Facts for the Answer

• Article 51A: Introduced Fundamental Duties, which were a response to the need for citizens to promote national unity and social responsibility.
• Preamble Change (1976): The words “Socialist” and “Secular” were added to reflect a commitment to social equality and religious tolerance.
• Directive Principles (Articles 39A, 43A, 48A): These provisions emphasized the welfare of people, equality, and environmental protection.
• Tribunals (Part XIV-A): Empowered administrative tribunals to resolve disputes related to socio-economic matters and service matters swiftly.
• Kesavananda Bharati Case (1973): The 42nd Amendment led to the landmark Supreme Court case which affirmed the basic structure doctrine.
• 44th Amendment (1978): Addressed the excesses of the 42nd Amendment, restoring judicial review and safeguarding individual rights during emergencies.

By following this roadmap and utilizing these facts, you will be able to craft a comprehensive and well-structured answer to the question.