What is the 42nd Amendment Act 1976?
The Indian Constitution is distinctive in both substance and essence. It establishes the rule of law and is generally the land's supreme law. The constituent assembly that drafted our Constitution allowed amendments to make to it over time.
- As a result, the Indian Constitution as it stands today has undergone significant changes.
- The general term for the 42nd Amendment Act 1976 is one of the most contentious acts in the history of amendments to the Indian Constitution.
42nd Amendment Act 1976 - Provisional Changes
The 42nd amendment attempted to modify the basic system of the Indian Constitution. Read all amendments obtained by the 42nd Amendment Act 1976, called the mini-constitution.
42nd Amendment Act, 1976 - Preamble
The 42nd amendment act 1976 in the preamble now includes three new words: 'Socialist,' 'Secular,' and 'Integrity'.
New Directives added under Part VI of 42nd Amendment Act 1976
The addition of three new DPSPs to the existing list and the amendment to one:
- Article 39: to provide opportunities for children's healthy development.
- Article 39 A: to provide free legal assistance to the poor and to promote equal justice
- Article 43 A: To ensure worker participation in industry management.
- Article 48 A: to safeguard forests and wildlife and protect and improve the environment.
Important UPSC Topics
Concurrent List under VII Schedule - 42nd Amendment Act 1976
The transfer of five subjects from the state list to the concurrent list:
- Weights and Measures
- Protection of Wild Animals and Birds
- Administration of Justice
Fundamental Duties Under 42nd Amendment Act 1976
The government added Article 51A to the Constitution, which consists of ten Fundamental Duties, based on the recommendations of the Swaran Singh Committee.
- Note: The addition of the 11th Fundamental Duty by the 86th Constitutional Amendment Act states that a parent or guardian must provide educational opportunities for his or her child or ward between the ages of six and fourteen.
42nd Amendment Act 1976 - Judiciary
- Limitation to the High Courts' judicial review authority.
- The provision for the establishment of the All-India Judicial Service.
Addition to Part XIV A (Articles 323A and 323B) in the 42nd Amendment Act 1976
Establishment of 'Administrative tribunals' and 'tribunals for other matters.' Though the 42nd Amendment Act of 1976 is regarded as the most contentious in the history of the Indian Constitution.
Specific provisions listed below have remained in effect for many years and continue to be so today because they are supposed to be beneficial.
- Free legal aid policy, protection of children and the environment
- Fundamental duties, etc.