The 42nd Amendment of the Indian Constitution, enacted in 1976, is often called a “revision” or a “Mini-Constitution” due to the extensive changes it introduced. Here’s why it’s referred to in such a manner:
- Extensive Alterations: It brought about the most widespread changes to the Constitution in its history, affecting various parts including the Preamble, the fundamental rights, and the directive principles.
- Shift in Balance of Power: The amendment attempted to reduce the power of the Supreme Court and High Courts, and it laid down Fundamental Duties for citizens. It also attempted to move the political system toward parliamentary sovereignty.
- Introduction of New Concepts: Terms like “Socialist”, “Secular”, and “Integrity” were added to the Preamble, reflecting a significant ideological shift.
- Centralization of Power: The amendment strengthened the central government, emphasizing a unitary system over a federal one, and transferred more power from the state governments to the central government.
- Controversial Circumstances: It was enacted during the Emergency period under Prime Minister Indira Gandhi’s government, a time that was marked by political turmoil and controversy.
Due to these reasons, the 42nd Amendment is seen as a major overhaul of the Indian Constitution, revising its core principles and structure. It’s noteworthy that many of these changes were later reversed or modified by the 44th Amendment in 1978, following the end of the Emergency period.