42nd Constitutional Amendment Act : Mini Constitution 

Let's go back into the History, we had a very powerful Prime Minister named Indira Gandhi. An alligation had Benn imposed on Indira Gandhi about the Electoral Misconduct. Since, she was PM and executive powers by influencing the electoral results. So, one major case arised Raj Narayan Vs Indira Nehru Gandhi (Raj Narayan was the opponent of Indira Gandhi in 1971 Lok Sabha Election).

In Allahabad High Court, on 12th June 1975, one huge landmark Judgement came i.e. Indira Gandhi found guilty in Electoral Misconduct: An Order By Justice Sinha(the sitting judge of Allahabad High court). After that Indira Gandhi went back to Delhi and saw that Jai Prakash Narayan along with Bihar Chhatra Sangharsh Samiti was doing a rally against the corruption of Indira Gandhi with a slogan of "Simhasan Khaali Karo Janta Aati Hain" .

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Finally, under these two pressure situation, Indira Gandhi took a decision of INTERNAL EMERGENCY in the night of 25th June 1975, on the ground of ARTICLE 352: Internal Disturbance. (This Emergency is known as the darkest hours of Indian Democracy). Maintenance of Internal Security Act (MISA) Of 1971 was imposed which turned India totally into a Police STATE which means all the opposition leaders from whom, Indira Gandhi thought, there might be some threat, were putted into jail without any warrent. And some things were also done, ARTICLE 20 and ARTICLE 21 got suspended to allowed the police to arrest anybody and also the freedom of Press got Curtail. Infact at that time, in order to oppose this, many blank Editorials were also printed. From the night of 25 June 1975 to 21 March 1977, i.e. for the next 19 months, India was under Internal Emergency.

               

 When all opponent leaders got arrested, then Prime Minister Indira Gandhi passed 42nd Constitutional Amendment Act,1976 (it is very important Constitutional Amendment Act as it changed the very destiny of the Constitution Of India and Indian Polity)

     👉 According to this Act, for the first time ever the amendments were done in Preamble and three words were added in it i.e.

          🐾 Socialist

          🐾 Secular

          🐾 Integrity

But, the addition of this words did not have any Constitutional significance, it was just a political message. It was the only time till date the preamble was amended.

       In original Preamble the words Socialist, Secular and Integrity was not added because their definition were already added i.e. "Equality of status and opportunity", "Liberty of Belief, faith and worship", etc. respectively..

       👉 *Regarding Article 31-c, although it had been already implemented by Indira Gandhi in 25 th Constitutional Amendment Act, 1971. But in 42nd Constitutional Amendment Act of 1976, its scope is increased.

        First understand about Article 31-c added by 25th Constitutional Amendment Act,1971. In the case of CHAMPAKAM DORAIRAJAN in 1951, Supreme Court declared if there is conflict between Fundamental Rights and DPSPs then Fundamental Rights would be given more preference. But according to this Act, if Article 39-b and Article 39-c of DPSPs would violate, abridge, contravene the fundamental rights then also, it would not be declare as null and void.

      Again, in 42nd Constitutional Amendment Act of 1976, the scope of Article 31-c was increased and it portraits that for any DPSPs, if the STATE make a law, although it violates the Fundamental Rights, will not be declare null and void.

         👉 Article 31-d was also added by the 42nd Amendment Act and for the first time, we saw the word "Anti-National" in Article 31-d. This Article states that if the STATE make any law dealing with Anti-National, although it is violating the fundamental rights, would not be declare null and void.

At that time, the connotation of Anti-National is that, if any body would say any thing about the then government then he/she would/may be considered as Anti-National.

        👉 Alteration were done in Directive Priciples Of State Policy i.e.

               🔹 Article 39-A :- Free Legal Aid

               🔹 Article 43-A :- Related to Co-orporative Society

               🔹 Article 48-A :- Related to Environment

                🔹 Redrafting of Article 39-f :- Dealt primary with good care and good health of children and also children should be given an opportunity to live their life as child in a better way.

        👉 In 42nd Amendment Act, Article 352 was also amended and it has been declared that emergency can be imposed in any part of India also without considering it in whole INDIA.

       👉 Judiciary was also taken into the clutches by 42nd Amendment Act. As we that Supreme Court and High Court were given the power of Judicial Review of any law. But according to this CA Act of 1976, it had been declared that only Central Laws/Union Laws would be reviewed by SC and HC could only review the State Laws, and these things were done by inserting Article 131-A.

         Article 144-A and Article 228-A were also added which dealt with SC and HC respectively. Apart from these all, one major decision was taken i.e. from now, there would be 7 judges bench to review any law.

         👉The next changes were done with regard to delimitation of constituencies. Usually the delimitation (allocation) of constituencies (done in every 10 years) but Indira Gandhi government froze this process till the year 2000 (which meant that next delimitation would be done in year 2000)

          On 21st March 1977, the emergency was removed and Indira Gandhi government went back for Lok Sabha Election. And for the first time in the history, Congress party loosed badly and a non-Congress party came into power i.e. JANTA DAL led by Morarji Desai.

   And this government, by 42rd and 44th Amendment Act tried to overcast all the problems led down by the 42nd Amendment Act.

      Now, the 42nd Amendment Act, which has been given a title of "Mini-Constitution" because of  

      🔸 Preamble (Amendments done in Preamble)

     🔸 Rewrite of 40 Articles 

    🔸Addition of 14 Articles.

     Many of the persons, sarcastically said that it's not the Indian Constitution, it is Indira's Constitution.

     After reading these all things, we can say that 42nd Amendment Act of 1976 was not Unconstitutional but it was an arbitrary misuse of the Parliamentary Power.

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