Why this matters now
The 42nd Amendment is the most-tested amendment in Mains essays on the Emergency, Article 368, the Basic Structure doctrine, and Fundamental Duties. It was partially rolled back by the 44th Amendment (Janata government, 1978) and tested in Minerva Mills v. Union of India (1980).
Context: Emergency + Swaran Singh Committee
Indira Gandhi proclaimed the National Emergency on 25 June 1975. Most opposition leaders were in jail. In Feb 1976, a 12-member committee under Sardar Swaran Singh was constituted to study the Constitution. Its 17 main recommendations were enacted as the 42nd Amendment Bill, passed in November 1976.
Key changes (the 25 main ones)
| Area | Change |
|---|---|
| Preamble | Added “Socialist”, “Secular” and “and Integrity”. |
| Fundamental Duties | New Part IV-A, Article 51A — 10 duties (Swaran Singh: only 8, Govt added 2). |
| DPSPs vs FRs | Article 31C extended — ALL DPSPs given primacy over Articles 14, 19, 31 (later limited in Minerva Mills). |
| Article 368 | Bar on judicial review of constitutional amendments — Article 368(4) and (5) added (later struck down by Minerva Mills, 1980). |
| Emergency | Article 352 expanded — Emergency can be proclaimed for a part of the country. President’s Rule (Article 356) extended to 1 year. |
| Lok Sabha & SLA term | Extended from 5 to 6 years. |
| Seventh Schedule | 5 subjects (Education, Forests, Weights & Measures, Wildlife, Administration of Justice) moved from State to Concurrent list. |
| New Articles | Added 39A (free legal aid), 43A (workers’ participation), 48A (environment), 51A (Duties); created All-India Judicial Service (Art 312A); Tribunals (Arts 323A, 323B). |
Tested in Minerva Mills (1980)
In Minerva Mills v. Union of India (1980), the SC struck down two key portions of the 42nd:
- Article 368(4) & (5) bars on judicial review — unconstitutional (limited amending power IS basic structure).
- Article 31C extension giving ALL DPSPs primacy over FRs — unconstitutional (harmony between FRs and DPSPs IS basic structure).
The 44th Amendment (1978) earlier had rolled back Emergency excesses, Lok Sabha term back to 5 years, etc.
UPSC angle
Know 42nd Amendment 1976 — passed during Emergency on Sardar Swaran Singh Committee recommendations; added “Socialist Secular and Integrity” to Preamble; Fundamental Duties (Part IV-A, Art 51A, 10 duties); Lok Sabha/SLA 5→6 yr; 5 subjects State→Concurrent; barred judicial review of amendments (struck down Minerva Mills 1980); Article 31C extension to ALL DPSPs (struck down 1980); 44th Amendment (1978) rolled back Emergency excesses.
Frequently asked questions
Why is the 42nd Amendment called the Mini-Constitution?
It made over 25 major changes to almost every part of the Constitution — the most extensive amendment in Indian history.
What did it add to the Preamble?
“Socialist”, “Secular” and “and Integrity”.
Which Article introduced Fundamental Duties?
Article 51A in a new Part IV-A — originally 10 duties (an 11th was added by the 86th Amendment in 2002).
Which parts were struck down?
Article 368(4) and (5) (bar on judicial review) and the Article 31C extension (DPSPs over FRs) — both in Minerva Mills (1980).