42nd Constitutional Amendment, 1976 (Important for UPSC CSE 2021)

 42nd Constitutional Amendment, 1976 made the following changes to the Indian Constitution

Preamble 

• It added 3 new words to the Preamble 
• Socialist
• Secular 
• Integrity 

Fundamental Duties 

• PART IV A was added to the Constitution (Article 51 A). 

• Recommendation of the Swaran Singh Committee 

Directive Principle of State Policy

•  Four new directive principles were added 
•  To secure opportunities for the healthy development of children (Article 39) 
• Enabling free legal aid Article39A. 
• Protection of workers in factories Article 43A.
• Protection of the environment and safeguarding Forest and Wildlife Article 48A.
• 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. 

Legislature 

• Life of Lok Sabha and State Legislative Assembly was extended from 5 to 6 years. 

Judiciary 

• Made the constitutional amendments beyond judicial scrutiny.
•  Curtailed the judicial review power of the High Courts. 
• Insertion of Article 32A in order to deny Supreme Court the power to consider the Constitutional validity of State law. 
• Another new Article 131A gave the Supreme Court an exclusive jurisdiction to determine questions relating to the Constitutional validity of central law. Provided for the creation of the All-India Judicial Service.

 Executive 

• Article 74(1) was added, which made the President bound by the advice of the cabinet. 
• Gave special discriminatory powers to the speaker of Lok Sabha and Prime Minister (Article 329A). 

Federal 

• Insertion of Article 257A, to enable the Centre to deploy armed forces to deal with any grave situation of law and order arising in any State. 
• Empowered the Parliament to make laws to deal with anti-national activities and such laws are to take precedence over Fundamental Rights. 

Emergency 

• It authorized the President to declare an emergency in any part of the country. 

Articles 323A and 323B, Part XIV-A 

• Part XIV-A added entitled as ‘Tribunals dealing with Administrative matters’ and ‘Tribunals for other matters'. 

Subjects to Concurrent List 

• Transferred five subjects to Concurrent List from State List, that is, 
• Education,  
• Forests,  
• Weights and measures, 
• Protection of wild animals and birds, and
• Administration of justice; 
• Constitution and organisation of all courts except for the Supreme Court and the high courts.