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Home / IAS Preparation / 42nd Amendment Act Of Indian Constitution

42nd Amendment Act Of Indian Constitution: Key Features, Changes- UPSC Notes

Last Updated on Jun 23, 2025
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The 42nd Amendment Act of the Indian Constitution is one of the most significant revisions to the Indian Constitution. The Indian National Congress Government, led by Indira Gandhi, passed it in 1976. This act is also known as the 'Mini-Constitution' because of the enormous number of revisions it has brought to the Indian Constitution. 

The 42nd Amendment Act is a topic relevant to the UPSC CSE context under General Studies Paper II and General Studies Paper II. It is a basic topic for aspirants which helps to understand the dynamic aspect of the 42nd Amendment Act. The 42nd Amendment Act is an important topic for UPSC Civil Services because it highlights the key features of 42nd Amendment Act, which are frequently discussed in the exam. Join UPSC Coaching today to boost your preparation. 

In this article on the 42nd Amendment Act of the Indian Constitution UPSC, we shall discuss its features, evolution, consequences, significance, and effects on the Indian Political Structure. This will be very useful for aspirants in the UPSC Prelims Exam.

Also, study the NCERT Notes on Fundamental Duties in India from the linked article.

Syllabus

General Studies Paper II

Topics for Prelims

The 42nd Amend Act of the Indian Constitution, The 44 Constitutional Amendment Act, Constitution Day, fundamental rights, Directive Principles of State Policy, Preamble, Sources of the Constitution, Article 370, Schedules, Westminster Model, Indian Parliament

Topics for Mains

Key Features of the Constitution, Major Constitutional Amendments. Local Self Governance, Government Policies and Interventions, Constitutional Amendments.

What is the 42nd Amendment of the Indian Constitution?

The 42nd Amendment Act of the Indian Constitution is also known as the Mini Constitution. It was enacted in 1976 during the Emergency. It was one of the most significant amendments to the Constitution. It made many important changes.

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Key Features of the 42nd Amendment of the Indian Constitution

These features collectively made the 42nd Amendment Act a pivotal, though controversial, point in India's constitutional history. They reflect both the ambitions for a more centrally guided development agenda and the tensions involved in preserving democratic institutions.

  • Part IVA, Article 51A, was added to the Constitution to outline the Fundamental Duties of Indian citizens, promoting a sense of civic responsibility.
  • Articles 39A (equal justice and free legal aid), 43A (participation of workers in management), and 48A (protection and improvement of the environment) were added to the Directive Principles of State Policy in Part IV.
  • Amendments to Articles 32, 131, 226, and 368 limited the powers of the Supreme Court and High Courts to review laws for constitutionality, thus reducing judicial intervention in legislative matters.
  • Article 172 was amended to extend the duration of the Lok Sabha and State Legislative Assemblies from five to six years.
  • Changes to Articles 352, 356, and 360 enhanced the President's powers to declare and extend a state of Emergency, requiring parliamentary approval every six months rather than every two months.
  • Several subjects, including education, forests, weights and measures, and protection of wild animals and birds, were moved from the State List to the Concurrent List, increasing central legislative authority.
  • An amendment to Article 200 and the addition of Article 31D ensured the supremacy of parliamentary laws over state laws in subjects listed on the Concurrent List.
  • Part XIV-A was inserted, providing for the creation of administrative tribunals for the speedy resolution of disputes and complaints related to public service employment.
  • Article 368 was amended to state that the courts could not challenge constitutional amendments. This aimed to prevent judicial review of constitutional amendments.
  • Several changes were made to adjust and redefine the power balance between the center and the states, aiming for greater centralization.

Read the article on the Sources of the Indian Constitution!

Changes Made by the 42nd Amendment Act

  • Preamble to the COI
    • This Amendment Act has made the following changes to the Preamble:
    • Added the words socialist and secular.
    • The words unity of the nation were changed to unity and integrity of the nation.
  • Directive Principles of State Policy (DPSP)
    • Articles 39A, 43A, and 48A were added to the Directive Principles of State Policy by this Amendment Act, and changes were made to Article 39(f).
    • Article 39(f): Children are given opportunities and facilities to develop in a healthy manner and conditions of freedom and dignity, and childhood and youth are protected against exploitation and moral and material abandonment.
    • Article 39A: To promote equal justice and to provide free legal aid to people experiencing poverty.
    • Article 43A: To take steps to secure the participation of workers in the management of industries.
    • Article 48A: To protect and improve the environment and to safeguard forests and wildlife.
  • Fundamental Duties
    • Part IV-A, which contained Fundamental Duties under Article 51 of the COI, was constituted.
    • Presently, 11 fundamental duties are enlisted in the COI.
  • Seventh Schedule
    • Education, Forests, Protection of wild animals and birds, Weights and Measures, Administration of Justice, Constitution, and organization of all courts except the Supreme Court and the High Courts were all moved from the State list to the Concurrent list.
  • Parliament
    • By the Amendment Act, the President was obligated to follow the cabinet's advice.
    • Article 257A was added, which allowed the Centre to deploy central forces in the state to deal with law-and-order conflicts.
    • Quorum requirements in the Parliament and state legislatures were abolished.
    • The Parliament was given the authority to regularly decide on the rights and privileges of its members and committees.
    • The Lok Sabha and State legislative assemblies now had a six-year term instead of five.
  • Emergency
    • As per the changes made in Article 352 of the COI by this Amendment Act, a proclamation of national Emergency may be applicable to the entire country or only a part of it.
    • This Amendment Act extended the one-time duration of the President's rule in a State from six months to one year.
  • Judiciary
    • The High Courts' judicial review power was curtailed.
    • Provided for the creation of the All-India Judicial Service.
  • Part XIV-A of the COI
    • Articles 323A and 323B were added to deal with the tribunals dealing with administrative matters and tribunals for other issues, respectively.
  • Suspension of the Fundamental Rights
    • This Amendment Act introduced the necessary clauses to the COI that allowed for the suspension of fundamental rights in times of need.
    • Whenever an external emergency is imposed, Article 358 of the COI suspends the rights given by Article 19 of the COI without any special notice. It provides that Article 19 is suspended nationwide for the duration of the Emergency and that emergency laws are given legal immunity.

Study the NCERT Notes on Schedules of the Indian Constitution here.

Relation between 44th Amendment and 42nd Amendment of Indian Constitution

The government introduced the 44th Amendment Act in 1978. The act was enacted to undo the provisions of the 42nd Amendment Measure of 1976.

  • The 44th Amendment Act removed the Right to Property from the list of fundamental rights and established them as legal rights.
  • The power of the High Courts to issue writs for purposes other than the enforcement of essential rights was restored by amending Article 226.
  • The 44th Amendment stripped the government of its unjustified power. The Emergency Provisions of the Constitution were amended by the 44th Amendment Act, making them more difficult to abuse in the future.
  • It restored the Supreme Court's and High Court's jurisdiction and powers, which they had prior to the passage of the 42nd Amendment Act. It reaffirmed the Constitution's secular and democratic ideals.
  • Ministerial advice binds the President under the 42nd and 44th Amendment Acts of 1976 and 1978, respectively.
  • Previously, the grounds for declaring a national emergency were external aggression and internal disturbances, but the 44th Amendment changed the word "internal disturbances" to "armed rebellion."
  • The 44th Amendment Act of 1978 added a new Directive Principle requiring the state to minimize inequalities in income, status, facilities, and opportunities (Article 38).

Key Takeaways on 42nd Amendment Act For UPSC Aspirants!

  • Inclusion of Fundamental Duties: Article 51A introduced ten Fundamental Duties for citizens to promote a sense of civic responsibility and national pride.
  • Expansion of Directive Principles of State Policy: Enhanced the scope of Directive Principles with new articles. This includes Article 39A (free legal aid), Article 43A (worker participation in management), and Article 48A (environmental protection).
  • Curtailment of Judicial Review: Limited the scope of judicial review by amending Articles 32, 131, and 226. It restricted the power of courts to invalidate laws based on Fundamental Rights violations.
  • Extension of Legislative Terms: Article 172 was amended to extend the tenure of the Lok Sabha and State Legislative Assemblies from five to six years, impacting the election cycle and democratic processes.

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42nd Amendment of Indian Constitution UPSC FAQs

During the 42nd Constitutional Amendment of 1976, Article 48A, declaring the principle of environmental protection and improvement, as well as Article 43A, stating the right of employees to participate in the management of companies, were added to the Directive Principles.

The 42nd Amendment Act of 1976, often referred to as the "Mini-Constitution," is one of the most extensive amendments to the Indian Constitution. It was enacted during the Emergency period under Prime Minister Indira Gandhi's rule. It brought significant changes to various parts of the Constitution, including the Preamble, Fundamental Rights, Directive Principles, and the balance of power between the legislature, executive, and judiciary.

The 42nd Amendment of Indian Constitution deals with a wide range of changes. This includes the inclusion of Fundamental Duties, expansion of Directive Principles of State Policy, curtailment of judicial review powers, extension of the terms of Parliament and State Assemblies, modifications to Emergency provisions, transfer of subjects from the State List to the Concurrent List, establishment of administrative tribunals, and the assertion of supremacy of Parliamentary legislation

The 42nd Amendment added the words “Socialist,” “Secular,” and “Integrity” to the Preamble of the Indian Constitution. Thus, the Preamble now describes India as a "Sovereign Socialist Secular Democratic Republic" and aims to promote "unity and integrity of the Nation."

The 42nd Constitutional Amendment Act 1976 added 10 Fundamental Duties to the Constitution under Article 51A.

The 44th Amendment of the Constitution, enacted in 1978, aimed to rectify the excesses and limitations imposed by the 42nd Amendment, especially regarding Fundamental Rights and Emergency provisions.
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