The Constitution (Forty-Second Amendment) Act, 1976 is sometimes called the "mini-Constitution" — and the name is not exaggeration. The amendment changed the Preamble, amended 40 Articles, modified the Seventh Schedule, and added 14 new Articles. It was enacted during the Emergency by the Indira Gandhi government, on the recommendations of the Swaran Singh Committee. It tried to make Parliament's amending power immune from judicial review, give Directive Principles primacy over Fundamental Rights, restrict the writ jurisdiction of High Courts, and centralise power in multiple ways. The Supreme Court rolled back its most extreme provisions in Minerva Mills (1980); the Janata government rolled back others in the 44th Amendment. What survived has shaped the Constitution as it operates today.
The Emergency context
The Emergency was declared on 25 June 1975, citing internal disturbance under the then-Article 352. Civil liberties were suspended, opposition leaders were detained, and the press was censored. The political opposition that would normally have constrained constitutional amendments was largely silenced.
In November 1976, the Indira Gandhi government enacted the 42nd Amendment Act. The two Houses of Parliament consisted overwhelmingly of Congress members; opposition members were either detained or had walked out. The amendment was passed without the usual deliberative process. President Fakhruddin Ali Ahmed gave assent on 18 December 1976. Some provisions came into force on 3 January 1977; others on 1 February 1977.
The amendment was based on the recommendations of the Swaran Singh Committee, set up by Indira Gandhi in February 1976 specifically to recommend constitutional changes. The Committee, led by Sardar Swaran Singh, recommended changes across the constitutional document. Many of its recommendations — though not all — were enacted in the 42nd Amendment.
The political stated reasons were: assert Parliament's supremacy over courts in constitutional amendment; remove obstacles to socio-economic legislation by giving Directive Principles override over Fundamental Rights; reduce confrontation between judiciary and Parliament by curtailing court powers; centralise power for governance efficiency. Critics argued that the real purpose was to institutionalise the Emergency and consolidate Indira Gandhi's authority.
Preamble changes — socialist, secular, integrity
The 42nd Amendment made two changes to the Preamble — the only changes ever made to the Preamble.
Change 1. The description of India was changed from "Sovereign Democratic Republic" to "Sovereign Socialist Secular Democratic Republic." The two new keywords — "Socialist" and "Secular" — were added on the rationale that they were already implicit in the constitutional scheme and should be made explicit.
Change 2. The fraternity clause was changed from "unity of the Nation" to "unity and integrity of the Nation." The word "integrity" was added to lay emphasis on the indivisibility of the country, particularly in light of secessionist movements that had developed by the mid-1970s.
For more on these changes, see the dedicated Preamble article and the constitutional status of India on 26 January 1950.
New Part IVA — Fundamental Duties
The 42nd Amendment added Part IVA to the Constitution, with a single article — Article 51A — listing ten Fundamental Duties of every citizen of India. The Constitution as enacted in 1950 had no chapter on duties; the 42nd Amendment created one.
The duties were drawn partly from the Soviet Constitution (which had a chapter on citizen duties) and partly from the Swaran Singh Committee's analysis of the rights-duties relationship. The Committee had recommended adding the duties to balance the rights chapter and remind citizens of their responsibilities.
The 86th Amendment of 2002 added an eleventh Fundamental Duty — the duty of every parent or guardian to provide opportunities for education to children aged 6 to 14. For the full content, see the dedicated Fundamental Duties article.
Directive Principles changes — three new principles, Article 31C expansion
The 42nd Amendment made substantial changes to the Directive Principles in Part IV.
Three new Directive Principles added. Article 39A (equal justice and free legal aid), Article 43A (workers' participation in management), Article 48A (protection of environment). For details on each, see the dedicated 42nd Amendment DPSP article.
Article 39(f) redrafted. The original article had protected childhood and youth against exploitation; the redraft added the positive direction to provide opportunities and facilities for healthy development.
Article 31C expanded — most controversial change. The original Article 31C (added by the 25th Amendment in 1971) immunised laws giving effect to Articles 39(b) and (c) from challenge under Articles 14 and 19. The 42nd Amendment expanded this to cover laws giving effect to any Directive Principle. The expansion would have given Part IV blanket primacy over Articles 14 and 19.
The Supreme Court in Minerva Mills v. Union of India (1980) struck down the expansion. The harmony between Parts III and IV was held to be itself a basic feature of the Constitution; neither could swallow the other. Article 31C reverted to its pre-42nd Amendment form — covering only Articles 39(b) and (c).
Judicial review limits — the most controversial provisions
The 42nd Amendment's most aggressive provisions targeted the courts. Several new Articles were inserted to limit judicial review of legislation:
Article 32A — the Supreme Court could not consider the constitutional validity of a State law in proceedings for enforcement of Fundamental Rights.
Article 131A — exclusive jurisdiction to decide constitutional validity of Central laws was given to the Supreme Court alone.
Article 144A — required a bench of at least seven judges of the Supreme Court to consider the constitutional validity of any law, with a special two-thirds majority to invalidate. This made constitutional invalidation procedurally difficult.
Article 226A — barred High Courts from considering the constitutional validity of Central laws in writ jurisdiction.
Article 228A — barred High Courts from declaring Central laws constitutionally invalid; required a bench of at least five judges and a two-thirds majority to hold a State law invalid.
Article 31D — gave Parliament sweeping power to enact laws against "anti-national activities" with broad definitions, immune from challenge under Articles 14, 19, or 31.
Article 368(4) and (5) — clause (4) provided that no constitutional amendment could be called in question in any court on any ground; clause (5) declared that there shall be no limitation on Parliament's constituent power.
Most of these provisions were rolled back. Articles 32A, 131A, 144A, 226A, 228A, and 31D were repealed by the 44th Amendment in 1978. Article 368(4) and (5) were struck down by Minerva Mills in 1980 as themselves violating the basic structure. The judicial-review limits of the 42nd Amendment did not survive.
Centralisation — federalism shifts
The 42nd Amendment shifted the federal balance towards the Centre in several ways.
Seventh Schedule changes. Three subjects were transferred from the State List to the Concurrent List — Education, Forests, Weights and Measures, Protection of Wild Animals and Birds, and Administration of Justice. This brought these subjects under concurrent Centre-State authority, with Central legislation prevailing in case of conflict. The Janata government tried to reverse this in the 44th Amendment but failed in the Rajya Sabha.
President's Rule extended. The maximum period of President's Rule under Article 356 was extended from six months to one year before requiring re-approval. The 44th Amendment reduced this back to six months.
Emergency provisions amended. The 42nd Amendment changed the operation of emergency under Article 352 to allow declaration in part of India and gave the Centre broader powers during emergency. The 44th Amendment introduced safeguards to limit these powers.
Council of Ministers binding. Article 74 was amended to make ministerial advice binding on the President. Before 1976, there was textual ambiguity about whether the President was bound to act on ministerial advice. The 42nd Amendment made this explicit at the Centre level (though no parallel change was made for State Governors).
Tribunals. Articles 323A and 323B were inserted to allow Parliament and State legislatures to create tribunals for service matters and other specified subjects, potentially excluding High Court jurisdiction. These articles survived the 44th Amendment's rollback attempts and remain in the Constitution today, though their effect has been limited by Supreme Court rulings (particularly L. Chandra Kumar v. Union of India 1997).
What survived and what was rolled back
The 42nd Amendment's changes have a mixed fate.
Survived: Preamble changes (socialist, secular, integrity); Fundamental Duties (Part IVA); three new Directive Principles (39A, 43A, 48A); redrafted Article 39(f); Articles 323A and 323B (tribunals); Article 74 amendment making ministerial advice binding on the President; some Seventh Schedule changes (notably Education and Forests remain in the Concurrent List despite the 44th Amendment's attempt to reverse).
Rolled back by 44th Amendment: Articles 32A, 131A, 144A, 226A, 228A (judicial review limits); Article 31D (anti-national activities); maximum period of President's Rule reverted from one year to six months; emergency safeguards reintroduced.
Struck down by Supreme Court: Article 368(4) and (5) — judicial review of amendments and unlimited constituent power — struck down in Minerva Mills (1980); expansion of Article 31C to cover all Directive Principles — struck down in the same case.
The pattern is clear. The 42nd Amendment's additions to constitutional content (Preamble keywords, Fundamental Duties, new Directive Principles) generally survived. Its subtractions from constitutional protections (judicial review, federal balance, individual rights protections) generally did not survive — being rolled back either by the Janata government legislatively or by the Supreme Court doctrinally.
What students must hold
One additional point on the long-term significance. The Indian constitutional response to the 42nd Amendment — the Supreme Court's rollback in Minerva Mills, the Janata's legislative rollback in the 44th Amendment, and the broader political reaction — established several important principles. First, that constitutional amendments are subject to judicial review on basic-structure grounds. Second, that judicial review of constitutional amendments is itself a basic feature that cannot be removed by amendment. Third, that the harmony between Fundamental Rights and Directive Principles is a basic feature. Fourth, that no transient majority in Parliament can permanently alter the constitutional balance. These principles have shaped every subsequent amendment debate. The 99th Amendment of 2014 (NJAC), which was struck down in 2015, was the most recent application of these principles — the Court applied basic-structure review to a constitutional amendment that had been passed unanimously by both Houses.
One useful aspirant frame: think of the 42nd Amendment as having three categories of changes. Symbolic-textual (Preamble keywords, Fundamental Duties chapter, Directive Principles additions) — these survived. Centralising (Concurrent List additions, Article 74 amendment, Article 257A on armed forces deployment, Article 356 extension) — most survived but Article 257A was repealed by the 44th Amendment. Anti-judicial-review (Articles 32A, 131A, 144A, 226A, 228A, 31D, 368(4) and (5)) — none survived, all repealed by the 44th Amendment or struck down by the Supreme Court. The classification helps map what to remember on the exam.
Six points carry the weight. One, the 42nd Amendment was passed in 1976 during the Emergency, on the recommendations of the Swaran Singh Committee. It is sometimes called the "mini-Constitution."
Two, Preamble changes — added "Socialist" and "Secular" to the description; added "integrity" to the fraternity clause.
Three, added Part IVA with Fundamental Duties (Article 51A — originally 10 duties).
Four, added three Directive Principles — Article 39A (legal aid), 43A (workers' participation, 2017 PYQ), 48A (environment). Expanded Article 31C to cover all Directive Principles (struck down in Minerva Mills).
Five, attempted to limit judicial review through Articles 32A, 131A, 144A, 226A, 228A, 31D, and 368(4) and (5). Most repealed by the 44th Amendment; Articles 368(4) and (5) struck down in Minerva Mills.
Six, centralisation — Seventh Schedule changes (Education, Forests to Concurrent List), Article 74 amendment making ministerial advice binding, extension of President's Rule to one year (later reverted). For more, see 44th Amendment and basic structure doctrine.