42nd Amendment Act, 1976
Context
Recently, a series of petitions challenged the inclusion of the terms “socialist” and “secular” in the Preamble to the Indian Constitution through the 42nd Constitution Amendment Act, 1976, stating that it is unconstitutional and contrary to the intentions of the original framers of the Constitution.
- The Supreme Court dismissed these claims, reinforcing the significance of the Preamble and its adaptability as a living document.
Relevance:
GS-02 (Indian Polity)
Key Highlights
- Petitions challenging amendments:
- The petitions, filed in 2020 (including by BJP leader Subramanian Swamy), contended that the terms “socialist” and “secular” were deliberately omitted by the Constituent Assembly. Retrospective inclusion from November 26, 1949, amounted to a fraud on the Constitution.
- “Socialist” restricted the government’s economic policy choices.
- Constitution as a Living Document:
- The Constitution is open to changes to meet evolving societal needs.
- Parliament’s power to amend the Constitution under Article 368 extends to the Preamble.
- The retrospective amendment is valid.
- Interpretation of Secularism:
- Indian secularism ensures equal respect for all religions without endorsing or penalising any.
- Articles 14, 15, and 16 prohibit religious discrimination and guarantee equal opportunity and protection of laws.
- The original Preamble’s principles of equality, liberty, and fraternity reflect India’s secular ethos.
- Meaning of Socialism:
- Socialism in the Indian context represents a welfare state, not a rigid economic structure.
- The Constitution allows a mixed economy model, fostering both private and public sectors.
- “Socialist” denotes a commitment to eliminate exploitation and ensure equality of opportunity.
- Dismissal of Petitions:
- The court found the petitions flawed, as they questioned amendments made 44 years earlier.
- The motives behind the petitions were deemed “questionable.”
- Importance of the Preamble: The court reiterated that the Preamble is an inalienable part of the Constitution and embodies its core values and ethos.
42nd Amendment Act, 1976:
- It is considered one of the important amendments to the Constitution of India, for which it is also known as the “Mini Constitution.”.
- This amendment primarily added three new terms to the Preamble (Socialist, Secular, and Integrity), 40 articles, and the Seventh Schedule, and also added 14 new articles and two new parts to the COI.
Key Changes made by the 42nd Amendment Act:
- Directive Principles of State Policy (DPSP)
- New Articles Added:
- 39A: Equal justice and free legal aid to the poor.
- 43A: Workers’ participation in industrial management.
- 48A: Protection of the environment, forests, and wildlife.
- Changes to Article 39(f): focused on protecting children’s development, freedom, and dignity.
- New Articles Added:
- Fundamental Duties: Introduced Part IV-A, listing 10 Fundamental Duties under Article 51A (now 11 duties).
- Seventh Schedule
- Moved subjects like Education, Forests, and Justice Administration from the State List to the Concurrent List.
- Parliament
- Made the President bound by cabinet advice.
- Added Article 257A, enabling Centre deployment of forces in states.
- Quorum requirements in legislatures were abolished.
- Lok Sabha and State Assemblies’ terms extended to 6 years by amending Article 172.
- Emergency Provisions
- Article 352: A national emergency could apply to the whole or part of the country.
- Extended President’s Rule from 6 months to 1 year.
- Judiciary
- Limited High Courts’ judicial review powers.
- Provided for an all-India judicial service.
- Tribunals
- Introduced Part XIV-A:
- Article 323A: Administrative Tribunals.
- Article 323B: Tribunals for other matters.
- Introduced Part XIV-A:
- Suspension of Fundamental Rights
- During external emergencies, Article 19 could be suspended without notice under Article 358. Emergency laws were granted legal immunity.
