42nd Constitutional Amendment Act 1976

The 42nd Amendment Act of 1976 establishes the rule of law, and it is generally the supreme law of the land. Unlike others, the Indian Constitution is not a written mandate, it is a “living breathing” document. Its flexibility allows the Supreme Court of India to give creative interpretations adhering to the true spirit of our democracy. The true spirit of democracy lies in making changes that are essential for our survival as a nation. Since independence, there have been many amendments made to our constitution – some of which have been more successful than others. The 42nd Amendment Act was enacted by the Indian National Congress led by Indira Gandhi, is one of the most remarkable amendments as it felt threatened by the rise of New political parties and social movements during the mid-1970s. These parties sought to increase the powers of the states, and decentralize economic development. This amendment overhauled the federal system and transformed India into a “composite” federal system. The most important objective of this amendment was to check the rise of regional parties, known as “regionalism,” by granting states greater autonomy in development. 

What is the 42nd Constitutional Amendment Act 1976?

The 42nd Amendment Act was enacted by Indira Gandhi, the then Prime Minister of India. It transformed India from a unitary system of governance to a federal one. This amendment effectively changed the “Indian Union” into a federation with three federal systems of government in addition to the Indian Union. It made our constitution “”composite”” or “”a combination or mixed system.”” Other than 42nd Amendment Act 1976, there are several other constitutional amendments made after independence but these are broadly classified as either “ordinary” changes to the Indian Constitution that may be made by way of ordinary legislation at any time in future, or changes that were specifically mandated under this act.

Why was the 42nd Constitutional Amendment Act 1976 termed as ‘Mini Constitution’?

The 42nd Amendment Act 1976 is also known as “mini-Constitution” because it has created many provisions that expanded and strengthened Indian government functions. 42nd Amendment Act, 1976 adds 3 words in     to the Preamble: ‘Socialist,’ ‘Secular,’ and ‘Integrity’. It also expands the scope of the Fundamental Rights with the addition of “Declaration” under Article 51A. The 42nd Constitutional Amendment Act 1976 also enhanced both federal and state parliamentary powers and gave them greater authority in their respective areas. It strengthened the role of apex courts, reorganized the Central Government by increasing bureaucracy and restructuring “Cabinet Secretariats” etc. Furthermore, it adds article 51A which states 10 Fundamental Duties      and also adds three new DPSPs to the existing list and the amendment to one from Article 39 to 48A. Lastly, it came in the way of enhancing and involving       the judiciary in political matters as a third party.

Criticism and Consequences of 42nd Amendment Act:

1) The 42nd Amendment Act has undermined the very foundation of our Constitution and its credibility. It may be said that this amendment will weaken and destroy our constitution making it easier for political leaders to abuse their powers by creating room for corruption. According to one commentator, “Although at first sight this provision seems innocuous, it has the potential to be misused in the light of precedence set by those who have been at the helm since independence”.

2) The 42nd Amendment Act was hastily enacted by Indira Gandhi in the backdrop of the Punjab Crisis of 1975, wherein the Sikh secession      movement was at its peak. As a consequence, the constitution was used by Indira Gandhi to resolve conflict with neighboring states. Since then, politicians have changed their approach towards the constitution and have been amending it whereas it is a must to follow constitutional provisions and rules only.

3) This amendment is also viewed as an attempt by Indira Gandhi to strengthen the hold of the Central Government over various parts of India because she felt threatened by regional parties during that time. The amendment has in reality empowered the Central Government and has given the federal government more power than the state government.

4) The 42nd Amendment Act was enacted to check the growing influence of regional parties by declaring India as a “Union of States” suitable for conditions prevailing at that time. Although it is said that the amendment will strengthen and stabilize our constitution,      on the other hand, it has made our constitution lifeless and rigid.

5) The main objective of this amendment was to empower states but in reality, it has centralized powers by giving more financial assistance to states by way of food subsidy and grants from Centre.

Overview on the relationship between 44th Amendment Act and 42nd Amendment Act:

1) The 42nd Amendment Act was introduced by the government in 1976 on the other hand the 44th Amendment act was enacted in 1978.

2) The main objective of 42nd Amendment Act was to amend the Indian Constitution whereas 44th Amendment Act was enacted with the motive to remove political turmoil in the country by implementing electoral reforms and making provisions for more effective participation of people on state level.

3) The aim of the 44th Amendment Act was to make the Indian State more responsible, effective and responsive towards public as well as private.

4) The 44th Amendment Act was enacted to provide for a fresh electoral system in Indian states.

5) The 44th Amendment Act strengthened the central government but at the same time, it added power to states as well.

6) The main objective of the 44th amendment act was to remove problems of political instability through implementing electoral reforms and giving more leverage to states over people.

Conclusion:

42nd Amendment Act has become a part of our constitution but it is also regarded as a mini constitution. The purpose of banning political parties was to stabilize the law, order and administration in the country. But in reality, the 44th Amendment Act has strengthened the Central government and created more pressure on states especially Punjab.