Forty-second amendment of the Indian Constitution
Encyclopedia
The Forty-second Amendment of the Constitution of India
, enacted in 1976, attempted to reduce the power of the Indian Supreme Court
and High Court
s to pronounce upon the constitutional validity of laws. It also declared India to be a socialist
and secular
republic, and as securing fraternity
assuring the unity "and integrity" of the Nation, by adding these words to the Preamble
of the Constitution of India
. It laid down the Fundamental Duties of Indian citizens to the nation. This amendment brought about the most widespread changes to the Constitution until then, and is often called a "mini-Constitution".
The full title of the law was the Constitution (Forty-second Amendment) Act, 1976. It was passed by the Indian parliament on 2 November 1976, during the Emergency (1975 - 1977), brought by the Congress government headed by Indira Gandhi
. The Janata Party
government, which came to power in 1977, brought about the 43rd and 44th Amendments to restore the pre-1976 position to some extent. The 42nd Amendment was dissolved by Janata party in 1977.
Constitution of India
The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens...
, enacted in 1976, attempted to reduce the power of the Indian Supreme Court
Supreme Court of India
The Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India...
and High Court
High Courts of India
India's unitary judicial system is made up of the Supreme Court of India at the national level, for the entire country and the 21 High Courts at the State level. These courts have jurisdiction over a state, a union territory or a group of states and union territories...
s to pronounce upon the constitutional validity of laws. It also declared India to be a socialist
Socialism
Socialism is an economic system characterized by social ownership of the means of production and cooperative management of the economy; or a political philosophy advocating such a system. "Social ownership" may refer to any one of, or a combination of, the following: cooperative enterprises,...
and secular
Secularism
Secularism is the principle of separation between government institutions and the persons mandated to represent the State from religious institutions and religious dignitaries...
republic, and as securing fraternity
Fraternity
A fraternity is a brotherhood, though the term usually connotes a distinct or formal organization. An organization referred to as a fraternity may be a:*Secret society*Chivalric order*Benefit society*Friendly society*Social club*Trade union...
assuring the unity "and integrity" of the Nation, by adding these words to the Preamble
Preamble to the Constitution of India
The preamble to the Constitution of India is a brief introductory statement that sets out the guiding purpose and principles of the document....
of the Constitution of India
Constitution of India
The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens...
. It laid down the Fundamental Duties of Indian citizens to the nation. This amendment brought about the most widespread changes to the Constitution until then, and is often called a "mini-Constitution".
The full title of the law was the Constitution (Forty-second Amendment) Act, 1976. It was passed by the Indian parliament on 2 November 1976, during the Emergency (1975 - 1977), brought by the Congress government headed by Indira Gandhi
Indira Gandhi
Indira Priyadarshini Gandhara was an Indian politician who served as the third Prime Minister of India for three consecutive terms and a fourth term . She was assassinated by Sikh extremists...
. The Janata Party
Janata Party
The Janata Party was an amalgam of Indian political parties opposed to the state of emergency imposed by the government of Prime Minister Indira Gandhi and her Indian National Congress...
government, which came to power in 1977, brought about the 43rd and 44th Amendments to restore the pre-1976 position to some extent. The 42nd Amendment was dissolved by Janata party in 1977.