Which of the following terms was incorporated to the Preamble of the Indian Constitution in 1976?

42nd Amendment Act, 1976 is one of the most important amendments to the Indian Constitution. It was enacted by the 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.

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What is the 42nd Amendment Act?
Why is the 42nd Amendment called ‘Mini Constitution’?
How is the 44th Amendment Act related to the 42nd Amendment Act?

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 the relationship between the 42nd Amendment Act 1976 and the 44th Amendment Act 1978.

42nd Amendment of Indian Constitution-Indian Polity Notes:- Download PDF Here

What is the 42nd Amendment Act?

The Constitution of India is unique for its content and spirit. The Constitution of India decides the rule of the land and is taken as the 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 the Indian Constitution. It amended/ introduced various provisions given below:

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

Similar to the 42nd amendment act, there are several other important amendments in the Indian Constitution for UPSC that you may like to read from the linked article for civil services exam preparation.

Important exam related topics:

Why is the 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 the 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 discretionary powers to the speaker of the 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	Three new DPSPs (Directive Principles of State Policy) were added to the existing list of DPSPs and one was amended: 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 2022 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.

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

It reversed the provision made by the 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 the 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

(To read more about the 44th Amendment Act, 1978, check the linked article.)

42nd Amendment of Indian Constitution – Indian Polity Notes:- Download PDF Here

You may like to read articles relevant to UPSC IAS exam preparation and Political Science subject given in the table below:

The Preamble serves as an introduction to the Constitution. It secures justice, liberty, equality to all the citizens of India and promotes fraternity among the people.

The Preamble states:

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith, and worship;

EQUALITY of status and of opportunity;

and to promote among them all

FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

The Four Components of the Preamble are:

1. The Preamble indicates that the source of authority of the Constitution lies with the people of India.

2. It declares India to be a socialist, secular, secular, democratic and a republic nation.

3. It states its objectives to secure justice, liberty, equality to all citizens and promote fraternity to maintain unity and integrity of the nation.

4. It mentions the date (November 26, 1949) on which the constitution was adopted.

The keywords in the Preamble are explained below:

Sovereign

The Preamble proclaims that India is a Sovereign State. 'Sovereign' means that India has its own independent authority and it is not a dominion or dependent state of any other external power. The Legislature of India has the powers to enact laws in the country subject to certain limitations imposed by the Constitution.

Socialist

The word 'Socialist' was added to the Preamble by the 42nd Constitutional Amendment in 1976. Socialism means the achievement of socialist ends through democratic means. India has adopted 'Democratic Socialism'. Democratic Socialism holds faith in a mixed economy where both private and public sectors co-exist side by side. It aims to end poverty, ignorance, disease and inequality of opportunity.

Secular

The word 'Secular' was incorporated in the Preamble by the 42nd Constitutional Amendment in 1976. The term secular in the Constitution of India means that all the religions in India get equal respect, protection and support from the state. Articles 25 to 28 in Part III of the Constitution guarantee Freedom of Religion as a Fundamental Right.

Democratic

The term Democratic indicates that the Constitution has established a form of government that gets its authority from the will of the people expressed in an election. The Preamble resolves India to be a democratic country. That means the supreme power lies with the people. In the Preamble, the term democracy is used for political, economic and social democracy. The responsible representative government, universal adult franchise, one vote one value, an independent judiciary, etc. are the features of Indian democracy.

Republic

In a Republic, the head of the state is elected by the people directly or indirectly. In India, the President is the head of the state. The President of India is elected indirectly by the people; that means, through their representatives in the Parliament and the State Assemblies. Moreover, in a republic, political sovereignty is vested in the people rather than a monarch.

Justice

The term Justice in the Preamble embraces three distinct forms: Social, economic and political, secured through various provisions of the Fundamental and Directive Principles.

Social justice in the Preamble means that the Constitution wants to create a more equitable society based on equal social status. Economic justice means equitable distribution of wealth among the individual members of the society so that wealth is not concentrated in a few hands. Political Justice means that all citizens have equal rights in political participation. Indian Constitution provides for universal adult suffrage and equal value for each vote.

Liberty

Liberty implies the absence of restraints or domination on the activities of an individual such as freedom from slavery, serfdom, imprisonment, despotism, etc. The Preamble provides for the liberty of thought, expression, belief, faith, and worship.

Equality

Equality means the absence of privileges or discrimination against any section of the society. The Preamble provides for equality of status and opportunity to all the people of the country. The Constitution strives to provide social, economic and political equality in the country.

Fraternity

Fraternity means the feeling of brotherhood. The Preamble seeks to promote fraternity among the people assuring the dignity of the individual and the unity and integrity of the nation.

Amendment in the Preamble

In 1976, the Preamble was amended (only once till date) by the 42nd Constitutional Amendment Act. Three new terms, Socialist, Secular, and Integrity were added to the Preamble. The Supreme Court held this amendment validly.

Interpretation by the Supreme Court

The Preamble was added to the Constitution after the rest of the Constitution was already enacted. The Supreme Court in the Berubari Union case (1960) held that the Preamble is not a part of the Constitution. However, it recognised that the Preamble could be used as a guiding principle if a term in any article of the Constitution is ambiguous or has more than one meaning.

In Kesavanand Bharti case (1973), the Supreme Court overturned its earlier decision and held that the Preamble is a part of the Constitution and can be amended under Article 368 of the Constitution. Again, in LIC of India case, the Supreme Court held that the Preamble is a part of the Constitution.

Thus the Preamble to the Constitution of free India remains a beautifully worded prologue. It contains the basic ideas, objectives, and philosophical postulates the Constitution of India stands for. They provide justifications for constitutional provisions.

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