42nd Amendment
Added 'socialist', 'secular' and 'integrity' to the Preamble, and Fundamental Duties.
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Often called the mini-Constitution for the breadth of its changes.
Quick recall
- Why is the 42nd Amendment called a 'mini-Constitution'?
- Because it made sweeping changes across the Constitution.
- Which words did it add to the Preamble?
- Socialist, secular and integrity.
- Which part did it add?
- Part IVA, fundamental duties (Article 51A).
- Which committee recommended fundamental duties?
- The Swaran Singh Committee.
- Which subjects moved to the Concurrent List?
- Education, forests, protection of wild animals and birds, weights and measures, and administration of justice.
- Which case struck down parts of it?
- Minerva Mills (1980).
Asked before in UPSC
Recurring theme: Preamble values, especially secularism and socialism, and their interpretation
Discuss India as a secular state and compare with the secular principles of the US constitution.
'Secular' entered the Preamble through the 42nd Amendment, which is the textual starting point for this comparison.
What can France learn from the Indian Constitution's approach to secularism?
Comparing Indian secularism with the French model draws on the Preamble wording added by the 42nd Amendment.
How the Indian concept of secularism different from the western model of secularism? Discuss.
The 42nd Amendment made secularism an explicit Preamble value, a starting point for contrasting it with the western model.
'Socialist' and 'secular' among the adjectives before 'Republic' were added by the 42nd Amendment.
The basics
Why it matters
The 42nd Amendment (1976), passed during the Emergency, is called the 'mini-Constitution' because it changed so much: the Preamble, fundamental duties, the distribution of subjects and judicial review.
Main changes
The amendment touched many parts of the Constitution.
- 1PreambleAdded socialist, secular and integrity
- 2Fundamental dutiesArticle 51A added
- 3Concurrent ListEducation, forests, wildlife, weights and measures moved
- 4Judicial reviewCurbed, later restored
Undoing the excesses
The 44th Amendment and courts reversed parts.
- 197642nd Amendment
- 197844th Amendment restores safeguards
- 1980Minerva Mills strikes down parts
You now know
- Passed in 1976 during the Emergency; called the 'mini-Constitution'.
- Added socialist, secular and integrity to the Preamble.
- Added fundamental duties (Article 51A).
- Moved education, forests and wildlife to the Concurrent List.
Go deeper
In one line: The 42nd Amendment reshaped the Constitution during the Emergency, and parts of it were later reversed.
Why it matters for UPSC
The Preamble changes, Fundamental duties and Concurrent List shifts are standard Prelims facts.
The core idea
It strengthened the Centre and limited courts. After 1977, the 44th Amendment restored many safeguards, but the Preamble changes and duties remain.
Where to go next
- Fundamental duties: Article 51A
- 44th Amendment: Undoing Emergency excesses
In one line: The amendment shows how constitutional change can concentrate power, and how the system corrected itself.
Lasting parts
Preamble words, Fundamental duties, Concurrent List changes, tribunals (Articles 323A and 323B).
Reversed parts
Limits on judicial review and extended terms of legislatures, through the 44th Amendment and Minerva Mills.
Where to go next
- Fundamental duties: Article 51A
- 44th Amendment: Undoing Emergency excesses
Fundamental duties
Article 51A
In one line: Fundamental duties in Article 51A list obligations of citizens.
Origin
Added by the 42nd Amendment on the Swaran Singh Committee's recommendation; ten at first, eleven after the 86th Amendment.
Nature
Not directly enforceable.
Where to go next
- 44th Amendment: Undoing Emergency excesses
44th Amendment
Undoing Emergency excesses
In one line: The 44th Amendment (1978) reversed many Emergency-era changes.
Key changes
'Armed rebellion' replaced 'internal disturbance' for a national emergency, Cabinet advice in writing needed, right to property moved to Article 300A, and Articles 20 and 21 cannot be suspended during an emergency.
Where to go next
- Fundamental duties: Article 51A
Prelims-style quiz
The words 'socialist' and 'secular' were added to the Preamble by the:
- 24th Amendment
- 86th Amendment
- 44th Amendment
- 42nd Amendment
Show answer
Answer: (d) 42nd Amendment. The 42nd Amendment, 1976.
Fundamental duties were recommended by the:
- Kothari Commission
- Swaran Singh Committee
- Sarkaria Commission
- Punchhi Commission
Show answer
Answer: (b) Swaran Singh Committee. Swaran Singh Committee.
Consider the following:
1. The 42nd Amendment moved education to the Concurrent List.
2. It was passed after the Emergency ended.
Which of the statements given above is/are correct?- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Show answer
Answer: (a) 1 only. It was passed during the Emergency.
Which Article contains the fundamental duties?
- Article 50
- Article 48A
- Article 51
- Article 51A
Show answer
Answer: (d) Article 51A. Article 51A.