Why is the 42nd Amendment called a revision of the Indian Constitution?

Points to Remember:

The 42nd Amendment Act, 1976, significantly altered the basic structure of the Indian Constitution.
It introduced several key changes impacting fundamental rights, directive principles, and the federal structure.
The extent of its changes led to its characterization as a “mini-constitution.”
The amendment faced criticism regarding its impact on democratic principles and federalism.

Introduction:

The 42nd Amendment to the Constitution of India, enacted in 1976 during the Emergency, is widely considered a significant revision, often referred to as a “mini-constitution.” It introduced sweeping changes to the fundamental structure of the Indian Constitution, impacting various aspects of governance and citizen rights. The amendment’s extensive nature and the context of its enactment during a period of curtailed civil liberties contributed to its controversial legacy. Understanding its impact requires analyzing its key provisions and their consequences. This response will adopt a factual and analytical approach, examining both the positive and negative aspects of the 42nd Amendment.

Body:

1. Extensive Amendments to Fundamental Rights:

The 42nd Amendment significantly altered Part III (Fundamental Rights) by adding the “right to work,” “right to education,” and “right to public assistance” to the Directive Principles of State Policy (Part IV). While seemingly positive, critics argued this diluted the enforceability of fundamental rights by shifting the focus to non-justiciable directives. The amendment also curtailed the right to freedom of speech and expression by adding clauses that allowed restrictions on grounds of public order, friendly relations with foreign states, and the integrity of the nation. This raised concerns about potential misuse during times of political instability.

2. Strengthening of Directive Principles:

The amendment elevated the Directive Principles of State Policy by adding a new clause stating that they shall be fundamental in the governance of the country. This aimed to balance individual rights with social justice. However, the lack of clear mechanisms for enforcement continued to be a point of contention. The inclusion of new directives, while intending to address social and economic inequalities, lacked concrete implementation strategies.

3. Changes to the Federal Structure:

The 42nd Amendment significantly altered the balance of power between the Union and the States. It amended Article 249 to allow the Rajya Sabha to pass resolutions enabling Parliament to legislate on subjects in the State List in times of national emergency. This expansion of the Union’s legislative powers raised concerns about the erosion of federalism and the potential for centralization of power. The amendment also changed the definition of “national emergency” making it easier to impose.

4. Amendment of the Basic Structure Doctrine:

The amendment’s extensive nature led to legal challenges. While the Supreme Court initially upheld the amendment’s validity, subsequent judgments established the “basic structure doctrine,” which limits the Parliament’s power to amend fundamental aspects of the Constitution. This doctrine, established in Kesavananda Bharati v. State of Kerala (1973), implicitly acknowledged the far-reaching impact of the 42nd Amendment and its potential to alter the core principles of the Indian Constitution.

Conclusion:

The 42nd Amendment, with its extensive changes to fundamental rights, directive principles, and the federal structure, undeniably qualifies as a major revision of the Indian Constitution. While some changes aimed to address social and economic inequalities and strengthen the nation’s unity, the amendment also raised concerns about the erosion of democratic principles and federalism. The amendment’s enactment during the Emergency further fueled criticism regarding its potential for misuse. The subsequent establishment of the “basic structure doctrine” highlights the judiciary’s role in safeguarding the core principles of the Constitution. Moving forward, a balanced approach is crucial, ensuring that constitutional amendments address pressing societal needs while upholding the fundamental rights and federal structure enshrined in the Constitution. A robust and transparent amendment process, with wider public consultation, is essential to maintain the integrity and legitimacy of the Indian Constitution. This will ensure that future amendments contribute to holistic development and uphold the constitutional values of justice, liberty, equality, and fraternity.

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