Why is 42nd Amendment called ‘Mini Constitution’?

Why is 42nd Amendment called ‘Mini Constitution’?

The 42nd amendment attempted to alter the basic structure of the Indian Constitution. Check the table below to read what all amendments were brought by the constitution act, 1976 because of which it was called the mini-constitution:

Changes in Provisions by 42nd Amendment Act	Details of the Amendment
Preamble	Words ‘Socialist’, ‘Secular’ and ‘Integrity’ added
7th Schedule	Transferred five subjects from the state list to the concurrent list: Education Forests Weights & Measures Protection of Wild Animals and Birds Administration of Justice
Article 51A	10 Fundamental Duties added for the citizens. (The Fundamental Duties of citizens were added upon the recommendations of the Swaran Singh Committee that was constituted by the government in 1976)
Parliament	Made President bound to the advice of the cabinet Allowed Centre to deploy central forces in State to deal with the conflicting situations of law and order (Article 257A) Gave special discriminatory powers to the speaker of Lok Sabha and Prime Minister (Article 329A) Directive Principles were given precedence over Fundamental Rights and any law made to this effect by the Parliament was kept beyond the scope of judicial review by the Court
Judicial Powers of HC	Curtailed the judicial review power of the high courts
Articles 323A and 323B, Part XIV-A	Part XIV-A added entitled as ‘Tribunals dealing with Administrative matters’ and ‘Tribunals for other matters’
DPSPs	Four new DPSPs were added to the existing list of DPSPs: To secure opportunities for the healthy development of children (Article 39) To promote equal justice and to provide free legal aid to the poor (Article 39 A) To take steps to secure the participation of workers in the management of industries (Article 43 A) To protect and improve the environment and to safeguard forests and wildlife (Article 48 A)

The 42nd amendment to the Indian Constitution is an important topic for UPSC 2020 as understanding this amendment makes a foundation for aspirants to understand the subsequent amendments brought in the Indian Constitution. Thus, it will help candidates prepare easily for UPSC Political Science.

How is 44th Amendment Act related to 42nd Amendment Act?

44th Amendment Act was introduced in the year 1978 by the government. The act was brought to nullify the amendments made by 42nd Amendment Act 1976:

• It reversed the provision made by 42nd amendment act that allowed the government to amend the constitution on its wish by Article 368. 44th Amendment Act nullified this unjustified power to the government.
• 44th Amendment Act removed Right to Property from the list of fundamental rights and made it a legal right.
• Previously, the grounds for declaration of national emergency were external aggression and internal disturbances but the 44th amendment replaced the word ‘internal disturbances’ with the word ‘armed rebellion’.
• Article 226 was amended to restore to the High Courts their power to issue writs for any other purpose besides the enforcement of fundamental rights.
• 44th Amendment Act modified the Constitutional emergency provisions and prevented them from being misused in the future. It restored the Supreme Court and High Courts’ jurisdiction and power which they enjoyed before the 42nd amendment act was passed. It restored the secular and democratic ideals present in the Constitution.
• The 44th Amendment Act of 1978 added one more Directive Principle, which requires the State to minimize inequalities in income, status, facilities, and opportunities (Article 38).
• The 42nd and 44th Amendment Acts of 1976 and 1978 respectively have made the ministerial advice binding on the president
• The 44th Amendment Act of 1978 introduced a new provision to put a restraint on the power of Parliament to extend a proclamation of President’s Rule beyond one year. Thus, it provided that, beyond one year, the President’s Rule can be extended by six months at a time only when the following two conditions are fulfilled.