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IAS Preparation > UPSC Preparation Strategy > 42nd Amendment Act
42nd Amendment of Indian
Constitution for UPSC - Indian
Polity
42nd Amendment Act, 1976 is one of the most important amendments
to the Indian Constitution. It was enacted by the Indian National
Congress headed by Indira Gandhi then. Due to the large number of
amendments this act has brought to the Indian Constitution, it is also
known as ‘Mini-Constitution.’ The topic ‘42nd Amendment Act’ also
called The Constitution Act, 1976 is significant for IAS Exam as it is an
essential part of UPSC Political Science for Prelims, Mains GS-II, and
also Political Science optional papers.
This article will answer a few questions related to the forty-second
amendment of the Constitution of India that can help IAS aspirants in
understanding various sections of Polity for civil services examination.
It will also define the relationship between the 42nd Amendment Act
1976 and the 44th Amendment Act 1978.
42nd Amendment of Indian Constitution-Indian Polity Notes:-
Download PDF Here
Aspirants can begin their preparation by visiting the UPSC Indian Polity
Notes page now!!
To complement your preparation for the upcoming exam, check
the following links:
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What is the 42nd Amendment Act?
The Constitution of India is unique for its content and spirit. The
Constitution of India decides the rule of the land and is taken as the
supreme law of the land. The constituent assembly that was behind
formulating our Constitution has also given scope for amendments in
it with time. Hence, the Indian Constitution of what it is today has
undergone substantive changes on account of several amendments.
The act also called The Constitution Act, 1976 is termed as one of the
most controversial acts in the history of amendments to the Indian
Constitution. It amended/ introduced various provisions given below:
Attempted to reduce the power of the Supreme Court and the High Courts
Laid down Fundamental Duties for citizens
Terms- Socialist, Secular and Integrity added to the Preamble
Similar to the 42nd amendment act, there are several other important
amendments in the Indian Constitution for UPSC that you may like to
read from the linked article for civil services exam preparation.
Important exam related topics:
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UPSC Language Papers in UPSC – Tips UPSC Prelims
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IAS UPSC Calendar 2023 UPSC Monthly Current Affairs
Eligibility Magazine
Why is the 42nd Amendment called ‘Mini Constitution’?
The 42nd amendment attempted to alter the basic structure of the
Indian Constitution. Check the table below to read what all
amendments were brought by the Constitution Act, 1976 because of
which it was called the mini-constitution:
Changes in Details of the Amendment
Provisions by
the 42nd
Amendment
Act
Preamble For the words “Sovereign Democratic Republic”, the
words “Sovereign
Socialist Secular Democratic Republic” was substituted
For the words “unity of the Nation”, the words “unity and
integrity of the Nation” was substituted.
7th Schedule Transferred five subjects from the state list to the concurrent
list:
1. Education
2. Forests
3. Weights & Measures
4. Protection of Wild Animals and Birds
5. Administration of Justice
Article 51A 10 Fundamental Duties added for the citizens. (The
Fundamental Duties of citizens were added upon the
recommendations of the Swaran Singh Committee that was
constituted by the government in 1976)
Parliament 1. Made President bound to the advice of the cabinet
2. Allowed Centre to deploy central forces in State to deal
with the conflicting situations of law and order (Article
257A)
3. Gave special discretionary powers to the speaker of
the Lok Sabha and Prime Minister (Article 329A)
4. Directive Principles were given precedence over
Fundamental Rights and any law made to this effect by
the Parliament was kept beyond the scope of judicial
review by the Court
Judicial Curtailed the judicial review power of the High Courts
Powers of HC
Articles 323A Part XIV-A added entitled as ‘Tribunals dealing with
and 323B, Administrative matters’ and ‘Tribunals for other matters’
Part XIV-A
DPSPs Three new DPSPs (Directive Principles of State Policy) were
added to the existing list of DPSPs and one was amended:
1. To secure opportunities for the healthy development of
children (Article 39)
2. To promote equal justice and to provide free legal aid
to the poor (Article 39 A)
3. To take steps to secure the participation of workers in
the management of industries (Article 43 A)
4. To protect and improve the environment and to
safeguard forests and wildlife (Article 48 A)
The 42nd amendment to the Indian Constitution is an important topic
for UPSC 2023 as understanding this amendment makes a foundation
for aspirants to understand the subsequent amendments brought in
the Indian Constitution. Thus, it will help candidates prepare easily for
UPSC Political Science.
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How is the 44th Amendment Act related to the 42nd
Amendment Act?
44th Amendment Act was introduced in the year 1978 by the
government. The act was brought to nullify the amendments made by
the 42nd Amendment Act 1976:
It reversed the provision made by the 42nd amendment act that allowed
the government to amend the constitution on its wish by Article 368. 44th
Amendment Act nullified this unjustified power to the government.
44th Amendment Act removed Right to Property from the list of
fundamental rights and made it a legal right.
Previously, the grounds for the declaration of national emergency were
external aggression and internal disturbances but the 44th amendment
replaced the word ‘internal disturbances’ with the word ‘armed rebellion’.
Article 226 was amended to restore to the High Courts their power to issue
writs for any other purpose besides the enforcement of fundamental
rights.
44th Amendment Act modified the Constitutional emergency provisions
and prevented them from being misused in the future. It restored the
Supreme Court and High Courts’ jurisdiction and power which they
enjoyed before the 42nd amendment act was passed. It restored the
secular and democratic ideals present in the Constitution.
The 44th Amendment Act of 1978 added one more Directive Principle,
which requires the State to minimize inequalities in income, status,
facilities, and opportunities (Article 38).
The 42nd and 44th Amendment Acts of 1976 and 1978 respectively have
made the ministerial advice binding on the President
The 44th Amendment Act of 1978 introduced a new provision to put a
restraint on the power of Parliament to extend a proclamation of
President’s Rule beyond one year. Thus, it provided that, beyond one year,
the President’s Rule can be extended by six months at a time only when
the following two conditions are fulfilled
(To read more about the 44th Amendment Act, 1978, check the linked
article.)
42nd Amendment of Indian Constitution – Indian Polity Notes:-
Download PDF Here
You may like to read articles relevant to UPSC IAS exam preparation
and Political Science subject given in the table below:
Relevant Articles:
How a Bill is passed in Indian Money Bill
Parliament?
Important Articles in Indian UPSC Political Science Books
Constitution
Criticism of the Amendment Types of Amendments in the Indian
Procedure Constitution
Frequently Asked Questions Related to 42nd
Amendment Act of Indian Constitution
Q1 What are the three terms added in preamble through 42nd
Constitutional Amendment Act?
The 42nd Constitutional Amendment Act of 1976 added: “Socialist”,
“Integrity” and “Secular” to the Preamble.
Q2 When was the 42nd amendment of Indian Constitution enacted
and who was behind it?
The 42nd Amendment Act of the Indian Constitution was enacted
in 1976 by the Indian National Congress, led by Indira Gandhi.
Q3 Why is 42nd amendment act called the mini Constitution?
The 42nd amendment act is also known as the “Mini-
Constitution” because of the enormous number of amendments it
has made to the Indian Constitution. It attempted to alter the
basic structure of the Indian Constitution.
Q4 What are the aims of 42nd constitutional amendment?
Two aims of 42nd amendment act are – to reduce the power of
the Supreme Court and the High Courts for the validity of
constitutional laws. To lay down the fundamental duties for the
citizens of the nation.
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Q5 In which case was the 42nd amendment Act declared as null Program
and void by the Supreme Court?
Name
In Minerva Mills Case (1980) the supreme court declared two
changes made in the constitution by the 42 Amendment Act 1976
Mobile Number
to be null and void. These changes were made in article 368 of
the Indian constitution. This judgement strengthened the ‘Doctrine
of Basic Structure’. Submit
Q6 Which subject was transferred from the state list to the
concurrent list by the 42nd amendment to the Constitution?
The 42nd Amendment Act was enacted in 1976, reorganizing the
Seventh Amendment to ensure that the subjects of the State list
such as education, forestry, wildlife and bird protection, the
administration of justice, and weights and measures were
transferred to the Concurrent List.
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