The Concept of Amendments To The Preamble

The 42nd Amendment Act of 1976 is one of the most important additions to India’s Constitution. At the time, it was passed by the Indian National Congress, which was led by Indira Gandhi. Because of the massive amount of alterations it has made to the Indian Constitution, this legislation is also known as the “Mini-Constitution.”

42nd Amendment to Preamble in 1976

India’s Constitution is distinctive in both content and spirit. The Indian Constitution determines the rule of law and is regarded as the ultimate law of the nation. The constituent assembly that drafted our Constitution also left room for future revisions. As a result of multiple modifications, the Indian Constitution as it stands now has experienced significant changes. It changed/introduced the following provisions:

• Attempts were made to limit the Supreme Court’s and High Court’s power.
• Citizens were given Fundamental Duties.
• Terms like socialist, secular, and integrity were introduced to the Preamble.

The Constitution Act 1976 is widely regarded as one of the most contentious actions in the history of Indian constitutional revisions.

• In the Preamble, three additional keywords were added: socialist, secular, and integrity.
• Citizens’ Fundamental Duties Have Been Expanded (new Part IV A).
• The President is now obligated to follow the cabinet’s advice.
• Administrative and other tribunals have been established (Added Part XIV A).
• Seats in the Lok Sabha and state legislatures were frozen until 2001, based on the 1971 census – Population Controlling Measure.
• The constitutional amendments are now immune to judicial review.
• It overturned the 42nd Amendment Act’s clause that permitted the government to modify the constitution at will under Article 368.
• The Supreme Court’s and high courts’ judicial review powers and writ jurisdiction were limited.
• The Lok Sabha and state legislative assemblies now have a six-year term instead of five.
• Provided, however, that the legislation enacted to fulfil Directive Principles cannot be ruled illegal by the courts because they violate specific Fundamental Rights.
• The Parliament has been given the authority to enact legislation to combat anti-national acts, with such legislation taking priority over Fundamental Rights.
• The declaration of a national emergency in a section of India’s territory was made easier.
• The President’s reign in a state is now for one year rather than six months.
• The Centre has been given the authority to send its military troops to any state in the event of a serious law and order scenario.
• Quorum requirements in the legislatures of the United Kingdom and the United States have been abolished.
• The Parliament was given the authority to decide on the rights and privileges of its members and committees on a case-by-case basis.
• The All-India Judicial Service was established with this provision.
• Equal justice and free legal assistance, worker engagement in industry management, and environmental, forest, and wildlife conservation are three additional Directive Principles that have been included.

43rd Amendment Act in 1977

• The Supreme Court and the High Courts regained their competence over the judicial review and the issuance of writs.
• The Parliament was stripped of its unique authority to enact legislation to combat anti-national actions.

44th Amendment Act in 1978

• The Lok Sabha and state legislatures’ terms were restored to their former lengths (i.e., five years).
• Quorum provisions in Parliament and state legislatures were restored.
• In the sections relating to parliamentary privileges, the British House of Commons reference was left out.
• The publishing of factual reporting of the events of the Parliament and state legislatures in a newspaper is now protected by the Constitution.
• The President was given the authority to send the cabinet’s advice back for reconsideration. However, the president will be bound by the revised recommendation.
• The paragraph that made the President, governor, and administrators’ satisfaction definitive in adopting ordinances was removed.
• The right to property was removed from the list of Fundamental Rights, establishing it as a legal right only.
• Articles 20 and 21 safeguard fundamental rights, which cannot be suspended in the event of a national emergency.
• The sections removing the court’s ability to decide on the president, vice president, prime minister, and Speaker of the Lok Sabha’s election disputes were left out.
• Some of the Supreme Court’s and high courts’ powers were restored.
• In the case of a national emergency, the word “internal disturbance” was replaced by “armed revolt.”
• Only on the formal proposal of the cabinet can the President declare a national emergency.
• Certain procedural protections were put in place in the event of a national emergency and the President’s rule.

45th Amendment Act in 1980

The term of reservation of seats for Scheduled Castes and Scheduled Tribes and representation of Anglo-Indians in the Lok Sabha and State Legislative Assemblies was extended for another ten years.

50th Amendment in 1984

The Parliament has been given the authority to limit the Fundamental Rights of those working in intelligence organisations and telecommunications networks set up for the armed forces or intelligence organisations.

58th Amendment in 1987

Provided for an authorised text of the Constitution in Hindi and accorded the Hindi version of the Constitution the same legal legitimacy as the English version.

61st Amendment in 1989

For Lok Sabha and state legislative assembly elections, the voting age was reduced from 21 to 18 years.

69th Amendment in 1991

The Union Territory of Delhi was given special status by being designated as the National Capital Territory of Delhi. The amendment also established a 70-member legislative parliament and a 7-member council of ministers in Delhi.

71st Amendment in 1992

The languages of Konkani, Manipuri, and Nepali were added to the Eighth Schedule.

Conclusion

The 42nd amendment changed the entire structure of the constitution. It made the parliament the supreme sovereign body, excluding the judiciary and courts entirely from election disputes. This amendment strengthened the central government to rule as a unit, NOT as a federal system. Furthermore, it minimised the judiciary’s powers to challenge legislation, abolishing democracy and undervaluing fundamental rights.