Discuss the significant provisions of the 42nd and 44th Amendments.
Introduction: The 42nd Amendment Act, 1976 and the 44th Amendment Act, 1978 are among the most crucial constitutional changes in India. Enacted during and after the Emergency (1975–77), they reflect contrasting political philosophies—one expanding executive power and the other restoring democratic safeguards.
Body: 42nd Amendment (1976), often called the “Mini Constitution”, introduced sweeping changes:
- Inserted the words “Socialist,” “Secular,” and “Integrity” into the Preamble.
- Added Fundamental Duties (Article 51A) for citizens.
- Curtailed the power of Judicial Review and made constitutional amendments beyond court scrutiny.
- Extended the duration of Lok Sabha and State Assemblies from 5 to 6 years.
- Strengthened the Centre’s power over States, impacting Federalism.
However, many of these provisions were criticized for undermining democracy and the Basic Structure Doctrine laid down in Kesavananda Bharati (1973).
44th Amendment (1978) was enacted by the Janata Government to restore constitutional balance:
- Restored the tenure of Lok Sabha and Assemblies back to 5 years.
- Made Right to Property a legal right (Article 300A), removing it from Fundamental Rights.
- Strengthened safeguards against misuse of Emergency Provisions under Article 352 by requiring written advice of the Cabinet and special majority approval.
- Restored the primacy of Judicial Review and civil liberties.
Conclusion: The 42nd Amendment represented constitutional centralization and expansion of executive authority, while the 44th Amendment reaffirmed democratic values and constitutional safeguards. Together, they illustrate the resilience of the Indian Constitution as a dynamic yet self-correcting framework committed to protecting liberty, federalism, and the rule of law.