Why is 42nd Amendment called ‘Mini Constitution’?

Why is 42nd Amendment called ‘Mini Constitution’?

The 42nd amendment attempted to alter the basic structure of the Indian Constitution. Check the table below to read what all amendments were brought by the constitution act, 1976 because of which it was called the mini-constitution:

Changes in Provisions by 42nd Amendment Act	Details of the Amendment
Preamble	Words ‘Socialist’, ‘Secular’ and ‘Integrity’ added
7th Schedule	Transferred five subjects from the state list to the concurrent list: Education Forests Weights & Measures Protection of Wild Animals and Birds Administration of Justice
Article 51A	10 Fundamental Duties added for the citizens. (The Fundamental Duties of citizens were added upon the recommendations of the Swaran Singh Committee that was constituted by the government in 1976)
Parliament	Made President bound to the advice of the cabinet Allowed Centre to deploy central forces in State to deal with the conflicting situations of law and order (Article 257A) Gave special discriminatory powers to the speaker of Lok Sabha and Prime Minister (Article 329A) Directive Principles were given precedence over Fundamental Rights and any law made to this effect by the Parliament was kept beyond the scope of judicial review by the Court
Judicial Powers of HC	Curtailed the judicial review power of the high courts
Articles 323A and 323B, Part XIV-A	Part XIV-A added entitled as ‘Tribunals dealing with Administrative matters’ and ‘Tribunals for other matters’
DPSPs	Four new DPSPs were added to the existing list of DPSPs: To secure opportunities for the healthy development of children (Article 39) To promote equal justice and to provide free legal aid to the poor (Article 39 A) To take steps to secure the participation of workers in the management of industries (Article 43 A) To protect and improve the environment and to safeguard forests and wildlife (Article 48 A)

The 42nd amendment to the Indian Constitution is an important topic for UPSC 2020 as understanding this amendment makes a foundation for aspirants to understand the subsequent amendments brought in the Indian Constitution. Thus, it will help candidates prepare easily for UPSC Political Science.

How is 44th Amendment Act related to 42nd Amendment Act?

44th Amendment Act was introduced in the year 1978 by the government. The act was brought to nullify the amendments made by 42nd Amendment Act 1976:

• It reversed the provision made by 42nd amendment act that allowed the government to amend the constitution on its wish by Article 368. 44th Amendment Act nullified this unjustified power to the government.
• 44th Amendment Act removed Right to Property from the list of fundamental rights and made it a legal right.
• Previously, the grounds for declaration of national emergency were external aggression and internal disturbances but the 44th amendment replaced the word ‘internal disturbances’ with the word ‘armed rebellion’.
• Article 226 was amended to restore to the High Courts their power to issue writs for any other purpose besides the enforcement of fundamental rights.
• 44th Amendment Act modified the Constitutional emergency provisions and prevented them from being misused in the future. It restored the Supreme Court and High Courts’ jurisdiction and power which they enjoyed before the 42nd amendment act was passed. It restored the secular and democratic ideals present in the Constitution.
• The 44th Amendment Act of 1978 added one more Directive Principle, which requires the State to minimize inequalities in income, status, facilities, and opportunities (Article 38).
• The 42nd and 44th Amendment Acts of 1976 and 1978 respectively have made the ministerial advice binding on the president
• The 44th Amendment Act of 1978 introduced a new provision to put a restraint on the power of Parliament to extend a proclamation of President’s Rule beyond one year. Thus, it provided that, beyond one year, the President’s Rule can be extended by six months at a time only when the following two conditions are fulfilled.

42nd Amendment of Indian Constitution.

42nd Amendment Act, 1976 is one of the most important amendments to the Indian Constitution. It was enacted by Indian National Congress headed by Indira Gandhi then. Due to the large number of amendments this act has brought to the Indian Constitution, it is also known as ‘Mini-Constitution.’ The topic ‘42nd Amendment Act’ also called The Constitution Act, 1976 is significant for IAS Exam as it is an essential part of UPSC Political Science for Prelims, Mains GS-II, and also Political Science optional papers.

This article will answer a few questions related to the forty-second amendment of the constitution of India that can help IAS aspirants in understanding various sections of Polity for civil services examination.It will also define relation between 42nd Amendment Act 1976 and 44th Amendment Act 1978.

What is 42nd Amendment Act?

Our Indian Constitution is unique for its content and spirit. The Constitution of India decides the rule of the land and is taken as supreme law of the land. The constituent assembly that was behind formulating our constitution has also given scope for amendments in it with time. Hence, the Indian Constitution of what it is today has undergone substantive changes on account of several amendments. The act also called The Constitution Act, 1976 is termed as one of the most controversial acts in the history of amendments to Indian Constitution. It amended/ introduced various provisions given below:

• Attempted to reduce the power of the Supreme Court and High Courts
• Laid down Fundamental Duties for citizens
• Terms- Socialist, Secular, and Integrity added to the Preamble

Fundamental Duties in India - Article 51A 

42nd Amendment Act of 1976 added 10 Fundamental Duties to the Indian Constitution. 86th Amendment Act 2002 later added 11th Fundamental Duty to the list. Swaran Singh Committee in 1976 recommended Fundamental Duties, the necessity of which was felt during the internal emergency of 1975-77.

The Fundamental Duties are dealt with Article 51A under Part-IV A of the Indian Constitution. The topic is important for IAS Exam as questions are recurring for all its three stages- Prelims, Mains and Interview.

Introduction to Fundamental Duties in India

The fundamental duties which were added by the 42nd Amendment Act of the Constitution in 1976, in addition to creating and promoting culture, also strengthen the hands of the legislature in enforcing these duties vis-a-vis the fundamental rights.

The list of Fundamental Duties under article 51-A to be obeyed by every Indian citizen is given in the table below:

S.No	11 Fundamental Duties
1.	Abide by the Indian Constitution and respect its ideals and institutions, the National Flag and the National Anthem
2.	Cherish and follow the noble ideals that inspired the national struggle for freedom
3.	Uphold and protect the sovereignty, unity and integrity of India
4.	Defend the country and render national service when called upon to do so
5.	Promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women
6.	Value and preserve the rich heritage of the country’s composite culture
7.	Protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures
8.	Develop scientific temper, humanism and the spirit of inquiry and reform
9.	Safeguard public property and to abjure violence
10.	Strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement
11.	Provide opportunities for education to his child or ward between the age of six and fourteen years. This duty was added by the 86th Constitutional Amendment Act, 2002

The Fundamental Duties form an important topic for IAS Prelims as can be seen from the past year question papers. Aspirants preparing for UPSC 2020 are advised to cover the topic with all facts and figures. The topic once understood can fetch you a great score in prelims and mains both.

Importance of Fundamental Duties- Part IV-A

Fundamental Duties are an inalienable part of fundamental rights. The importance of these are given in the table below:

S.No	Importance of Fundamental Duties
1.	They remind Indian Citizens of their duty towards their society, fellow citizens and the nation
2.	They warn citizens against anti-national and anti-social activities
3.	They inspire citizens & promote a sense of discipline and commitment among them
4.	They help the courts in examining and determining the constitutional validity of a law
5.	They are enforceable by law

Criticism of Fundamental Duties

The Fundamental Duties mentioned in Part IVA of the Constitution have been criticized on the following grounds:

• They have been described by the critics as a code of moral precepts due to their non-justiciable character. Their inclusion in the Constitution was described by the critics as superfluous. This is because the duties included in the Constitution as fundamental would be performed by the people even though they were not incorporated into the Constitution.
• Some of the duties are vague, ambiguous and difficult to be understood by the common man.
• The list of duties is not exhaustive as it does not cover other important duties like casting vote, paying taxes, family planning and so on. In fact, the duty to pay taxes was recommended by the Swaran Singh Committee.
• The critics said that the inclusion of fundamental duties as an appendage to Part IV of the Constitution has reduced their value and significance. They should have been added after Part III so as to keep them on par with Fundamental Rights.
• Swaran Singh’s Committee recommended more than 10 Fundamental Duties, however, not all were included in the constitution. Those duties recommended by the committee which were not accepted were:
  1. Citizens to be penalized/punished by the parliament for any non-compliance with or refusal to observe any of the duties.
  2. The punishments/penalties decided by the Parliament shall not be called in question in any court on the ground of infringement of any of Fundamental Rights or on the ground of repugnancy to any other provision of the Constitution.
  3. Duty to pay taxes.

Facts about Fundamental Duties for UPSC:

• Fundamental Duties are categorized into two – Moral Duty & Civic Duty
  1. Moral Duty: cherishing noble ideals of freedom struggle
  2. Civic Duty: respecting the Constitution, National Flag and National Anthem
• They essentially contain just a codification of tasks integral to the Indian way of life
• The Fundamental Duties are confined to Indian citizens only and do not extend to foreigners unlike few Fundamental Rights
• They are also nonjusticiable similar to Directive Principle of State Policies
• There is no legal sanction against their violation

List of Important Articles in Indian Constitution - Tips to Remember.

There are 448 articles in the Indian Constitution. Each set of articles covers important issues and delineates rules for the state and the citizens to follow. In Polity, the constitution and Indian articles make way to the rule of the land. . The topic ‘List of Important Articles in Indian Constitution,’ is important for IAS Exam from the Prelims and Mains perspective. It forms an important topic for Indian Polity subject.

In this article, we have also given magic number tricks and mnemonic devices to remember the important articles in the Indian Constitution.

Which are the Most Important Articles of the Constitution?

There are 448 articles in 25 parts, 12 schedules, 5 appendices with 100 amendments in the Indian Constitution. However, not all of them are important for prelims and UPSC Mains examination. The important articles in the Indian Constitution for civil services examination are given in the table below:

Important Articles of Indian Constitution	Importance of Indian Articles
Article 12-35	Fundamental Rights
Article 36-50	Directive Principles of State Policy
Article 51A	Fundamental Duties
Article 80	Number of Seats in Rajya Sabha
Article 243-243 (o)	Panchayati Raj Institutions
Article 343	Hindi as Official Language
Article 356	Imposition of President’s Rule
Article 370	Special Status of Jammu & Kashmir
Article 395	Repeals Indian Independence Act and Government of India Act 1919

List of Important Articles of Indian Constitution

The Constitution of India is regarded as the supreme law of the land in India. It is an existing document and an instrument that makes the government system work. It draws a structure that defines fundamental political principles, forms the framework, procedures, powers, and duties of government institutions and lays out fundamental rights, directive principles and duties of citizens. The Constitution of India is the longest written constitution of any sovereign country in the world. Dr Bhimrao Ramji Ambedkar is the chief architect of the Indian Constitution. The Constitution was adopted by the Constituent Assembly on 26 November 1949 and came into effect on 26 January 1950. The date of 26 January was chosen to commemorate the Purna Swaraj declaration of independence of 1930.

The important articles are:

• Article 1 – Name and territory of the union.
• Article 2 – Admission and establishment of the new state.
• Article 3 – Formation of new states and alteration of areas, boundaries, and name of existing states.

• Article 5 – Citizenship at the commencement of the constitution.
• Article 6 – Rights of citizenship of a certain person who has migrated to India from Pakistan.
• Article 10 – Continuance of rights of citizenship.
• Article 11 – Parliament to regulate the right of citizenship by law.

• Article 12 – Definition of the state.
• Article 13 – Laws inconsistent with or in derogation of the fundamental rights.

Initially, the constitution of India provided 7 basic fundamental rights, now there are only 6. The Right to property U/A 31 was removed from the list of fundamental rights by 44th amendment act 1978.   A legal right U/A 300–A was made and included in Part XII of the constitution.

• Article 14 – Equality before the law.
• Article 15 – Prohibition of discrimination on the grounds of religion, race, caste, sex. Or place of birth.
• Article 16 – Equality of opportunity in matters of public employment.
• Article 17 – Abolition of the untouchability.
• Article 18 – Abolition of titles

• Article 19 – Guarantees to all the citizens the six rights and they are:
• Article 20 – Protection in respect of conviction for offences.
• Article 21 – Protection of life and personal liberty.
• Article 22 – Protection against arrest and detention in certain cases.

• Article 23 – Prohibition of traffic in human beings and forced labour.
• Article 24 – Prohibition of employment of children (Under the age of 14) in factories and mines.

• Article 25 – Freedom of conscience and free profession, practice and propagation of religion.
• Article 26 – Freedom to manage religious affairs.
• Article 27 – Freedom as to pay taxes for promotion of any particular religion.
• Article 28 – Freedom from attending religious instruction.

• Article 29 – Protection of interest of minorities.
• Article 30 – Right of minorities to establish and administer educational institutions.
• Article 32 – Remedies for enforcement of Fundamental Rights.

• Article 36 – Definition
• Article 37– Application of DPSP (Directive Principal of States Policy)
• Article 39A – Equal justice and free legal aid
• Article 40 – Organization of a village panchayat
• Article 41 – Right to work, to education, and to public assistance in certain cases
• Article 43 – Living Wages, etc. for Workers.
• Article 43A – Participation of workers in the management of industries.
• Article 44 – Uniform civil code. ( applicable in Goa only)
• Article 45 – Provision for free and compulsory education for children.
• Article 46 – Promotion of educational and economic interest of scheduled castes (SC), scheduled tribes (ST), and OBC.
• Article 47– Duty of the state to raise the level of nutrition and the standard of living and to improve public health.
• Article 48 – Organization of agriculture and animal husbandry.
• Article 49 – Protection of monuments and places and objects of natural importance.
• Article 50 – Separation of judiciary from the executive.
• Article 51 – Promotion of international peace and security.

Initially, it had 10 duties, now it contains 11 duties by 86th amendments act 2002.

• Article 52 – The President of India
• Article 53 – Executive Power of the union
• Article 54 – Election of President
• Article 61 – Procedure for Impeachment of the President
• Article 63 – The Vice–president of India
• Article 64 – The Vice–President to be ex–officio chairman the council of States
• Article 66 – Election of Vice–president
• Article 72 – Pardoning powers of President
• Article 74 – Council of ministers to aid and advise President
• Article 76 – Attorney–General for India
• Article 79 – Constitution of Parliament
• Article 80 – Composition of Rajya Sabha
• Article 81 – Composition of Lok Sabha
• Article 83 – Duration of Houses of Parliament
• Article 93 – The speakers and Deputy speakers of the house of the people
• Article 105 – Powers, Privileges, etc. of the House of Parliament
• Article 109 – Special procedure in respects of money bills
• Article 110 – Definition of “Money Bills”
• Article 112 – Annual Financial Budget
• Article 114 –Appropriation Bills
• Article 123 – Powers of the President to promulgate Ordinances during recess of parliament
• Article 124 – Establishment of Supreme Court
• Article 125 – Salaries of Judges
• Article 126 – Appointment of acting Chief justice
• Article 127 – Appointment of ad–hoc judges
• Article 128 –Attendance of retired judge at sitting of the Supreme Court
• Article 129 – Supreme Court to be a court of Record
• Article 130 – Seat of the Supreme Court
• Article 136 – Special leaves for an appeal to the Supreme Court
• Article 137 – Review of judgment or orders by the Supreme Court
• Article 141 – Decision of the Supreme Court binding on all the courts
• Article 148 – Comptroller and Auditor– General of India
• Article 149 – Duties and Powers of CAG

• Article 153 – Governors of State
• Article 154 – Executive Powers of Governor
• Article 161 – Pardoning powers of the Governor
• Article 165 – Advocate–General of the State
• Article 213 – Power of Governor to promulgate ordinances
• Article 214 – High Courts for states
• Article 215 – High Courts to be court of record
• Article 226 – Power of High Courts to issue certain writs
• Article 233 – Appointment of District judges
• Article 235 – Control over Subordinate Courts

  

• Article 243A – Gram Sabha
• Article 243B – Constitution of Panchayats

   

• Article 266 – Consolidated Fund and Public Accounts Fund
• Article 267 – Contingency Fund of India
• Article 280 – Finance Commission
• Article 300 A – Right to property

• Article 301 – Freedom to trade, commerce, and intercourse
• Article 302 – Power of Parliament to impose restrictions on trade, commerce, and intercourse.

• Article 312 – All– India–Service
• Article 315 – Public service commissions for the union and for the states
• Article 320 – Functions of Public Service Commission

• Article 323A – Administrative Tribunals

• Article 324 – Superintendence, direction and control of Elections to be vested in an Election Commission
• Article 325 – No person to be ineligible for inclusion in or to claim to be included in a special, electoral roll on grounds of religion, race, caste, or sex
• Article 326 – Elections to the house of the people and to the legislative assemblies of states to be on the basis of adult suffrage

• Article 338 – National Commission for the SC & ST
• Article 340 – Appointment of a commission to investigate the conditions of backward classes

• Article 343 – Official languages of the Union
• Article 345 – Official languages or languages of a state
• Article 348 – Languages to be used in the Supreme Court and in the High Courts
• Article 351 – Directive for development of the Hindi languages

• Article 352 – Proclamation of emergency (National Emergency)
• Article 356 – State Emergency (President’s Rule)
• Article 360 – Financial Emergency

More on Article 356.

• Article 361 – Protection of President and Governors

• Article 368 – Powers of Parliaments to amend the constitution

• Article 370 – Special provision of J&K
• Article 371 A –  Special provision with respect to the State of Nagaland
• Article 371 J – Special Status for Hyderabad–Karnataka region

• Article 393 – Short title – This Constitution may be called the Constitution of India

Candidates who are preparing for UPSC  should focus on important articles of Indian Constitution as many questions are expected from this section of UPSC Polity.

The constitution of India is created by a constituent assembly and adopted by its people with a declaration in the preamble to the constitution; hence it divulges constitutional supremacy and not parliamentary supremacy and Parliament cannot override the constitution.

How to Remember Articles of Indian Constitution?

Memorizing all 448 articles of the Indian Constitution and reproducing them in the civil services exam is not an easy task. It is difficult to learn everything. Below are a few tips to remember the important articles of the Indian Constitution:

Articles Related to Emergency Provisions
Article 352: Proclamation of Emergency.	Add the magic number ‘4’	Article 356: Provisions in case of failure of constitutional machinery in States
Article 356: Provisions in case of failure of constitutional machinery in States		Article 360: Financial Emergency

Article for Centre	Add the magic number 90	Corresponding Article for State
Article 112: Annual financial statement for Union		Article 202: Annual financial statement for State
Article 113: Procedure in Parliament with respect to estimates		Article 203: Procedure in Legislature with respect to estimates
Article 114: Appropriation Bills		Article 204: Appropriation Bills
Article 115: Supplementary, additional or excess grants		Article 205: Supplementary, additional or excess grants
Article 116: Votes on account, votes of credit and exceptional grants		Article 206: Votes on account, votes of credit and exceptional grants
Article 117: Special provisions as to financial Bills		Article 207: Special provisions as to financial Bills
Article 118: Rules of procedure		Article 208: Rules of procedure
Article 119: Regulation by law of procedure in Parliament in relation to financial business		Article 209: Regulation by law of procedure in the Legislature of the State in relation to financial business
Article 120: Language to be used in Parliament.		Article 210: Language to be used in Legislature
Article 121: Restriction on discussion in Parliament		Article 211: Restriction on discussion in the Legislature
Article 122: Courts not to inquire into proceedings of Parliament		Article 212: Courts not to inquire into proceedings of Legislature
Article 123: Power of President to promulgate Ordinances		Article 213: Power of Governor to promulgate Ordinances
Article 124: Establishment and constitution of Supreme Court		Article 214: High Courts for States

Article for Centre	Add the magic number ‘89’	Corresponding article for State
Article 72: Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases		Article 161: Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases
Article 74: Council of Ministers to aid and advice President.		Article 163: Council of Ministers to aid and advise Governor
Article 75: Other provisions as to Ministers		Article: 164: Other provisions as to Ministers
Article 76: Attorney General for India		Article 165: Advocate General for the State
Article 77: Conduct of business of the Government of India		Article 166: Conduct of business of the Government of a State
Article 78: Duties of Prime Minister as respects the furnishing of information to the President, etc.		Article 167: Duties of Chief Minister as respects the furnishing of information to Governor, etc.
Article 79: Constitution of Parliament		Article 168: Constitution of Legislatures in States
Article 85: Sessions of Parliament, prorogation and dissolution		Article 174: Sessions of the State Legislature, prorogation and dissolution
Article 86: Right of President to address and send messages to Houses		Article 175: Right of Governor to address and send messages to the House or Houses
Article 88: Rights of Ministers and Attorney-General as respects Houses		Article 177: Rights of Ministers and Advocate-General as respects the Houses
Article 102: Disqualifications for membership		Article 192: Disqualifications for membership
Article 105: Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof		Article 194: Powers, privileges, etc., of the Houses of Legislatures and of the members and committees thereof
Article 100: Voting in Houses, the power of Houses to act notwithstanding vacancies and quorum		Article 189: Voting in Houses, the power of Houses to act notwithstanding vacancies and quorum
Article 111: Assent to Bills (President)		Article 200: Assent to Bills (Governor)
Article 110: Definition of Money Bills		Article 199: Definition of “Money Bills” in State Legislature

Through Mnemonics-

This is an age-old trick used to memorize a lot of content. Make a string of words or a sentence using key letters from the articles. This way you will be able to recall them faster and with minimum effort. Make your own mnemonics in order to be able to memorize vast quantities of data. For e.g. :

U Can Fix Deposit From United States Using Pre Mature Special Rate.

U – Union

C – Citizenship

F – Fundamental rights

D – Directive Principles

F – Fundamental Duties

U – Union

S – States

U – Union Territories

P – Panchayat

M – Municipality

S – Scheduled

R– Relation between Union and State

Polly Has Certified ManneQuins

P– Prohibition

H-Habeas Corpus

C– Certiorari

Man– Mandamus

Qu– Quo Warranto    

UPSC Questions related to Important Articles of Indian Constitution

Through which amendment act, Delhi was designated as National Capital Territory (NCT)?

1. 69th Constitutional Amendment Act
2. 63rd Constitutional Amendment Act
3. 86th Constitutional Amendment Act
4. 52nd Constitutional Amendment Act

Answer: 69th Constitutional Amendment Act 

Which of the following can be amended by a special majority of the parliament and ratification by half of the states?

1. Citizenship
2. Altering Boundary of the State
3. Election of President
4. Elections

Answer: Election of President (IAS aspirants  looking for more information on types of amendments in the constitution may check the linked article.)

The elements of Fundamental Duties are explained in which article?

The elements of Fundamental Duties are explained in which article?

1. Article 19
2. Article 21
3. Article 51A
4. Article 48

Answer: 51A