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.

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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
Article 368 wasAmendedBy Constitution (Forty-second Amendment) Act, 1976
this entity surface form: 42nd Amendment to the Constitution of India