42nd constitutional Amendment Act, 1976: Mini Constitution
Posted on : 06-04-2019 Posted by : Admin

The 42nd Amendment of Indian Constitution is most wide-ranging amendment to the Constitution and it passed out major changes to the constitution. Hence it is also known as mini constitution.

Important features of 42nd amendment act

  1. It amended a total of 41 Articles (31, 31C, 39, 55, 74, 77, 81, 82, 83, 100, 102, 103, 105, 118, 145, 150, 166, 170, 172, 189, 191, 192, 194, 208, 217, 225, 226, 227, 228, 311, 312, 330, 352, 353, 356, 357, 358, 359, 366, 368 and 371F).
  2. It inserted 11 Articles (31D, 32A, 39A, 43A, 48A, 131A, 139A, 144A, 226A, 228A and 257A) and 2 Parts (4A and 14A). It also amended Schedule 7.
  3. The preamble has been amended to substitute the words “SOVEREIGN DEMOCRATIC REPUBLIC”, with the words “SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC”
  4. Also the phrase “unity of the Nation” was substituted with “unity and integrity of the Nation.”
  5. The scope of article 31C was widened to cover all the directive principles laid down in the Constitution. Earlier Article 31C saved only laws giving effect to the directive principles of State policy specified in article 39(b) and 39(c). New directives were added by new articles 39A, 43A and 48A.
  6. 39A provides for equal justice and free legal aid to economically backward classes,
  7. 43A provides participation of workers in the management of industries,
  8. 48A provides for protection and improvement of environment and safeguarding of forests and wildlife.
  9. New article 31D provides for the making of a Parliamentary law to prevent or prohibit anti national activity and anti-national associations. Further it was provided that article 31D will not be deemed to be void on the ground that it takes away or abridges any of the fundamental rights conferred by article 14, article 19 and article 31.
  10. New article 32A was added to provide that the Supreme Court will have no jurisdiction to decide the constitutional validity of a State law in any writ proceedings under article 32.
  11. New Part IVA containing article 51A was added to provide lists of fundamental duties of citizens.
  12. Article 74(1) was amended to make the President to act in accordance with the advice of the Council of Ministers.
  13. Article 77 and Article 166 relating to the Union government and State government have been amended to provide that no court or other authority will be entitled to require the production of any rules framed for the transaction of Government business.
  14. Article 102(1)(a) was amended to provide that a person will be so disqualified if he holds any such office of profit under the Government of India or the Government of any State as is declared by Parliamentary law to disqualify offices will vest in Parliament instead of in the State Legislature.
  15. It amended the articles 83 and 172 to increase the duration of the Lok Sabha and every Legislative Assembly from five to six years during a situation of emergency.
  16. It provided the Union Government to deploy personnel of armed forces in any state to deal with a ‘grave situation of law and order’
  17. It curtailed the power of the Supreme Court and High Court with regard to the issue of writs and judicial review.
  18. Supremacy of the Parliament was established by this 42nd Constitutional Amendment Act with regard to the amendment of the Constitution.
  19. Article 368 has been amended to provide that no constitutional amendment will be called in question in any court on any ground.
  20. It transferred subjects like forests, education, weights and measures except establishments of standards, protection of wild animals and birds from the State List to the Concurrent List. Also a new entry 20A was added in Concurrent List dealing with “Population control and family planning”.
  21. Article 356 was amended to enlarge the period of operation of proclamation of failure of constitutional machinery in a State which has been approved by Parliament and the period for which the approved Proclamation can be renewed at a time was increased from 6 months to one year.

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