The Forty-Second Amendment Act: A Mini Constitution of Sorts

In 1976 came the Forty-second Constitutional Amendment Act that was the longest one till then and brought about sweeping changes in the constitution, so much so that it came to be called a mini constitution in itself. It added some 40 articles and a new chapter to the Constitution, besides adding new words to the Preamble. The main ideas were to exclude the courts entirely from election disputes; to concentrate power in the central government as against the states so that

the country could be ruled as a unitary and not a federal polity; to protect revolutionary social legislation from judicial scrutiny; and to further curb the power of the judiciary so that it would be difficult for the court to upset parliament’s policy regarding certain matters.

Some of the huge changes the amendment brought about that affected the democratic system are given below. Some of these steps would be repealed by the Janata government that came in 1977.

The 42nd Amendment placed amendments outside the purview of courts, further declaring that there was to be no limitation on the power of Parliament to amend the Constitution. It curtailed the powers of the high courts and the Supreme Court in matters of judicial review and writ jurisdiction.

In the Preamble India was now characterised as ‘sovereign, socialist secular democratic republic’ instead of the original ‘sovereign democratic republic’. Besides, the words ‘unity of the nation’ was changed to ‘unity and integrity of the nation’.

New directive principles were added to the Constitution, and the directive principles were, on the whole, accorded primacy over the fundamental rights.

A new chapter on fundamental duties was added to the Constitution.

The term of the Lok Sabha was extended from five years to six years. It further froze the number of seats in constituencies for election to Lok Sabha, and state legislative assemblies at the 1971 census level till the first census after 2000; there was to be no readjustment every ten years after every census as was the practice till then.

The laws made by Parliament to deal with anti-national activities were declared to take precedence over fundamental rights. The necessity of quorum in Parliament as well as in state legislatures was discarded.

As per its provisions, the proclamation of national emergency could be made for a part of territory of India. The duration of president’s rule without Parliament’s approval was extended from six months to one year. The Centre was given the power to deploy armed forces in a state if a serious situation of law and order arose.