Political Science and IR Optional 2016 Paper I
  1. (d) The purpose of the 42nd Constitutional Amendment was to make the economic and social democracy explicitly visible.
Verified Answer

The 42nd Constitutional Amendment Act, enacted in 1976 during the National Emergency by the Indira Gandhi government, was indeed presented with the stated purpose of giving greater effect to the Directive Principles of State Policy (DPSP) and explicitly embedding socialist and secular ideals into the Constitution, thereby making the commitment to economic and social democracy more visible and actionable. Often dubbed a 'Mini-Constitution' due to its extensive changes, it sought to reorient the constitutional framework towards socio-economic transformation.

Key Provisions Reflecting this Purpose:

  1. Preamble Amendments: The Preamble was amended to include the words 'Socialist' and 'Secular' alongside 'Sovereign, Democratic, Republic.' This explicitly declared India's commitment to socialism (implying state intervention for economic equality and social justice) and secularism (implying equal respect for all religions and no state religion). The word 'Integrity' was also added.
  2. Primacy to Directive Principles: A significant change was the expansion of Article 31C, which now stated that any law enacted to implement any of the Directive Principles could not be challenged on the grounds of violating Fundamental Rights under Articles 14 (equality), 19 (freedoms), or 31 (right to property, which was later repealed). This aimed to prioritize collective socio-economic goals over individual property rights and other freedoms, which were perceived as obstacles to land reforms and other socialist measures.
  3. New Directive Principles: The amendment added several new DPSPs, further strengthening the state's role in achieving social and economic justice:
    • Article 39A: To promote equal justice and provide free legal aid to the poor.
    • Article 43A: To secure the participation of workers in the management of industries.
    • Article 48A: To protect and improve the environment and safeguard forests and wildlife.
  4. Fundamental Duties: A new Part IVA, comprising Article 51A, was added to introduce Fundamental Duties for citizens. These duties, while not enforceable, aimed to instill a sense of civic responsibility and encourage citizens to contribute to national goals, including promoting harmony and protecting the environment.

Rationale and Critique:

The government argued that these amendments were necessary to overcome judicial hurdles in implementing socio-economic reforms and to move India more decisively towards the egalitarian society envisioned by the DPSPs. However, the 42nd Amendment was highly controversial. Enacted during the Emergency, it was criticized for:

  • Undermining Democracy: By curtailing judicial review and centralizing power, it was seen as an attempt to weaken democratic institutions and individual liberties.
  • Authoritarian Tendencies: The extensive changes, particularly the absolute primacy given to DPSPs over Fundamental Rights, were viewed as an overreach of parliamentary power and a move towards an authoritarian state.

Legacy:

Many of the controversial provisions, particularly those curtailing judicial review and giving absolute primacy to DPSPs, were later repealed or modified by the 44th Constitutional Amendment Act (1978) after the Emergency. However, the inclusion of 'Socialist' and 'Secular' in the Preamble and the new DPSPs remained, reflecting an enduring, albeit more balanced, commitment to these ideals within the Indian constitutional framework. Thus, while its methods were contentious, the 42nd Amendment undeniably made an explicit attempt to foreground the principles of economic and social democracy in the Constitution.