Forty-Second Amendment Act, 1976

• Added three new words (i.e., socialist, secular and integrity) in the Preamble.
• Added Fundamental Duties by the citizens (new Part IV A). Made the president bound by the advice of the cabinet.
• Provided for administrative tribunals and tribunals for other matters (Added Part XIV A).
•  Froze the seats in the Lok Sabha and state legislative assemblies on the basis of 1971 census till 2001.
• Made the constitutional amendments beyond judicial scrutiny.
• Curtailed the power of judicial review and writ jurisdiction of the Supreme Court and high courts.
• Raised the tenure of Lok Sabha and state legislative assemblies from 5 to 6 years.
• Provided that the laws made for the implementation of Directive Principles cannot be declared invalid by the courts on the ground of violation of some Fundamental Rights.
• Empowered the Parliament to make laws to deal with anti-national activities and such laws are to take precedence over Fundamental Rights.
• Added three new Directive Principles viz., equal justice and free-legal aid, participation of workers in the management of industries and protection of environment, forests and wild life.
• Facilitated the proclamation of national emergency in a part of territory of India.
• Extended the one-time duration of the President’s rule in a state from 6 months to one year.
• Empowered the Centre to deploy its armed forces in any state to deal with a grave situation of law and order.
• Shifted five subjects from the state list to the concurrent list, viz, education, forests, protection of wild animals and birds, weights and measures and administration of justice, constitution and organisation of all courts except the Supreme Court and the high courts
• Did away with the requirement of quorum in the Parliament and the state legislatures.
• Empowered the Parliament to decide from time to time the rights and privileges of its members and committees.
• Provided for the creation of the All- India Judicial Service.  Shortened the procedure for disciplinary action by taking away the right of a civil servant to make representation at the second stage after the inquiry.

NOTE:

• The most comprehensive amendment made so far to the Constitution; it is known as “Mini-Constitution’; it gave effect to the recommendations of Swaran Singh Committee.)

Background

In the Kesavananda Bharati case (1973), the Supreme Court declared the second provision of Article 31C as unconstitutional and invalid on the ground that judicial review is a basic feature of the Constitution and hence, cannot be taken away. However, the first provision of Article 31C was held to be constitutional and valid.

Article 31C

a. No law which seeks to implement the socialistic Directive Principles specified in Article 39 (b) 22 and (c) 23 shall be void on the ground of contravention of the Fundamental Rights conferred by Articles 14, 19, 31.

b. No law containing a declaration for giving effect to such policy shall be questioned in any court on the ground that it does not give effect to such a policy.

The 42nd Amendment Act (1976) extended the scope of the first provision of Article 31C by including within its protection any law to implement any of the Directive Principles and not merely those specified in Article 39 (b) and (c).