Constitution (Forty-second Amendment) Act, 1976
E533554
The Constitution (Forty-second Amendment) Act, 1976 is a major and controversial amendment to the Indian Constitution enacted during the Emergency, known for significantly expanding central government powers and curtailing the jurisdiction of the judiciary.
Observed surface forms (1)
| Surface form | Occurrences |
|---|---|
| 42nd Amendment to the Constitution of India | 2 |
Statements (73)
| Predicate | Object |
|---|---|
| instanceOf |
Act of Parliament of India
ⓘ
Constitutional amendment of India ⓘ |
| affectedPart |
Part III of the Constitution of India
NERFINISHED
ⓘ
Part IV of the Constitution of India NERFINISHED ⓘ Part IVA of the Constitution of India NERFINISHED ⓘ Part VI of the Constitution of India NERFINISHED ⓘ Part XI of the Constitution of India NERFINISHED ⓘ Part XII of the Constitution of India NERFINISHED ⓘ Part XIV of the Constitution of India NERFINISHED ⓘ Part XV of the Constitution of India NERFINISHED ⓘ Part XVI of the Constitution of India NERFINISHED ⓘ Part XVIII of the Constitution of India NERFINISHED ⓘ Preamble to the Constitution of India NERFINISHED ⓘ Seventh Schedule of the Constitution of India NERFINISHED ⓘ |
| aimedTo |
reduce scope of High Courts’ writ jurisdiction
ⓘ
strengthen centralization of power ⓘ |
| alsoKnownAs |
Forty-second Amendment of the Constitution of India
NERFINISHED
ⓘ
Mini-Constitution NERFINISHED ⓘ |
| amendedArticle |
Article 131
ⓘ
Article 144A ⓘ Article 226 ⓘ Article 226A ⓘ Article 227 ⓘ Article 228A ⓘ Article 31C ⓘ Article 368 ⓘ Article 74 ⓘ |
| assentDate | 1976-12-18 ⓘ |
| assentedToBy | Fakhruddin Ali Ahmed NERFINISHED ⓘ |
| attemptedToLimit | Judicial review ⓘ |
| attemptedToMake | Parliamentary amendment power virtually unlimited ⓘ |
| cameIntoForceOn |
1976-01-03
ⓘ
1976-02-01 ⓘ 1976-04-01 ⓘ |
| changedPreambleByAddingPhrase | integrity of the Nation ⓘ |
| changedPreambleByAddingWord |
Secular
ⓘ
Socialist ⓘ |
| characterizedAs |
controversial
ⓘ
far-reaching ⓘ |
| country | India ⓘ |
| curtailedPowersOf | Judiciary of India NERFINISHED ⓘ |
| enactedBy | Parliament of India NERFINISHED ⓘ |
| expandedPowersOf | Union government of India NERFINISHED ⓘ |
| governingDocumentAmended | Constitution of India NERFINISHED ⓘ |
| insertedArticle |
Article 39A
ⓘ
Article 43A ⓘ Article 48A ⓘ |
| insertedPart | Part IVA ⓘ |
| insertedSchedule | Tenth Schedule NERFINISHED ⓘ |
| introducedBy | H. R. Gokhale NERFINISHED ⓘ |
| introducedConcept | Fundamental Duties of citizens ⓘ |
| introducedDuring | The Emergency (India, 1975–1977) NERFINISHED ⓘ |
| introducedInGovernmentOf | Indira Gandhi NERFINISHED ⓘ |
| languageOfText | English ⓘ |
| legislativeBody |
Lok Sabha
NERFINISHED
ⓘ
Rajya Sabha NERFINISHED ⓘ |
| locationOfFundamentalDuties | Article 51A ⓘ |
| nicknamed | Mini-Constitution NERFINISHED ⓘ |
| numberOfArticlesAmended | 40 ⓘ |
| numberOfSections | 59 ⓘ |
| partiallyInvalidatedBy | Supreme Court of India in Minerva Mills judgment NERFINISHED ⓘ |
| partiallyModifiedBy | Constitution (Forty-fourth Amendment) Act, 1978 NERFINISHED ⓘ |
| politicalContext | Indian Emergency ⓘ |
| reducedTenureOf | Lok Sabha and State Legislative Assemblies from six years back to five years (later reversed by 44th Amendment) ⓘ |
| relatedCaseLaw |
Kesavananda Bharati v. State of Kerala (as background on basic structure doctrine)
NERFINISHED
ⓘ
Minerva Mills Ltd. v. Union of India NERFINISHED ⓘ |
| shiftedSubjectToConcurrentList |
Education
ⓘ
Forests ⓘ Protection of wild animals and birds ⓘ Weights and measures ⓘ |
| strengthened | Directive Principles of State Policy NERFINISHED ⓘ |
| subjectArea | Constitutional law ⓘ |
| year | 1976 ⓘ |
Referenced by (3)
Full triples — surface form annotated when it differs from this entity's canonical label.
Article 124 of the Constitution of India
→
amendedBy
→
Constitution (Forty-second Amendment) Act, 1976
ⓘ
Article 74 of the Constitution of India
→
amendedBy
→
Constitution (Forty-second Amendment) Act, 1976
ⓘ
this entity surface form:
42nd Amendment to the Constitution of India
this entity surface form:
42nd Amendment to the Constitution of India