42nd Constitutional Amendment Act, 1976: The ‘Mini Constitution’ of India Explained

The 42nd Constitutional Amendment Act, 1976 is one of the most significant changes ever made to the Indian Constitution. Enacted during the Emergency period, it brought wide-ranging amendments affecting the Preamble, judiciary, Parliament, and Centre–State relations, earning it the title of “Mini Constitution” due to its extensive scope.

Background of the 42nd Constitutional Amendment

The amendment was enacted in 1976, during the Emergency (1975–77), when the country was governed by Indira Gandhi. The ruling Congress government aimed to strengthen parliamentary supremacy and implement its socio-economic vision through constitutional changes. The scale and depth of amendments made it historically unparalleled.

Why Is It Called the ‘Mini Constitution’?

The 42nd Amendment touched almost every major aspect of the Constitution.

• It amended the Preamble, Fundamental Rights, and Directive Principles.
• It reshaped Centre–State relations.
• It curtailed the powers of the Supreme Court and High Courts.
• It introduced Fundamental Duties for citizens.
• Because of these comprehensive changes, scholars refer to it as the Mini Constitution.

Key Changes to the Preamble

One of the most symbolic changes was made to the Preamble.

• The words “Socialist” and “Secular” were added, redefining India’s ideological identity.
• The phrase “Unity of the Nation” was replaced with “Unity and Integrity of the Nation”.
• These changes highlighted the state’s commitment to social justice, secularism, and national integrity.

Addition of Fundamental Duties (Article 51A)

A landmark contribution of the 42nd Amendment was the introduction of Fundamental Duties.

• 10 Fundamental Duties were added under Article 51A.
• These were based on the recommendations of the Sardar Swaran Singh Committee (1976).
• Duties aimed to balance rights with responsibilities, emphasizing discipline, unity, and respect for the Constitution.
• Later, the 11th duty was added by the 86th Amendment (2002).

Changes in the Seventh Schedule (Centre–State Relations)

The amendment strengthened the Centre by shifting subjects from the State List to the Concurrent List.

• Education
• Forests
• Weights and Measures
• Protection of Wild Animals and Birds
• Administration of Justice

This reduced state autonomy and enhanced central control.

Impact on Parliament and Executive Authority

The 42nd Amendment significantly enhanced executive dominance.

• The President was made bound by the advice of the Council of Ministers.
• The Centre was empowered to deploy central forces in states for law and order (Article 257A).
• Special powers were given to the Prime Minister and Speaker of Lok Sabha (Article 329A).
• These provisions weakened federal balance.

Curtailment of Judicial Review

• One of the most controversial aspects was the restriction of judicial power.
• Judicial review of High Courts was curtailed.
• Laws implementing Directive Principles were given precedence over Fundamental Rights.
• Such laws were placed beyond judicial scrutiny, limiting court intervention.
• Many of these provisions were later reversed.

Introduction of Tribunals (Part XIV-A)

The amendment added Part XIV-A to the Constitution.

• Article 323A: Administrative Tribunals
• Article 323B: Tribunals for other matters

This aimed to reduce the burden on courts and speed up dispute resolution.

Expansion of Directive Principles of State Policy

The amendment strengthened the social justice agenda by adding new Directive Principles.

• Article 39A: Free legal aid and equal justice
• Article 43A: Workers’ participation in management
• Article 48A: Protection of environment, forests, and wildlife

These provisions reflected welfare-oriented governance.

Question

Q. Why is the 42nd Constitutional Amendment Act called the ‘Mini Constitution’?

A) It was temporary
B) It amended many parts of the Constitution
C) It applied only during Emergency
D) It replaced the Constitution