Why the 42 Amendment is called a revision of the Indian Constitution?

When and Why the 42nd Amendment Happened, To begin with, the 42nd Constitutional Amendment Act was passed in 1976 during the rule of Prime Minister Indira Gandhi.
It came at a time when India was under Emergency (1975–1977) — a period when many fundamental rights were restricted, and the government had immense power.

The main reason behind bringing this amendment was to strengthen the central government’s authority and limit the power of the judiciary.
The ruling government felt that the courts were interfering too much in its policies and decisions.

So, the 42nd Amendment was introduced to make the Constitution more in line with the government’s ideology and to reduce what it considered “obstacles” from the judiciary and the states.

Because it made changes in almost every major part of the Constitution, it is called a revision or mini-constitution.

What Changes Were Made?

Now, let’s talk about the major changes made by the 42nd Amendment that earned it the title of a revision.

Preamble Changes

The Amendment changed the Preamble of the Constitution.
Before 1976, the Preamble said India is a “Sovereign, Democratic Republic.”
After the amendment, three new words were added —
👉 Socialist, Secular, and Integrity.

So, the Preamble now reads —
“India is a Sovereign, Socialist, Secular, Democratic Republic.”
This clearly showed the government’s intention to emphasize social and economic equality and unity of the nation.

Fundamental Rights

The amendment curbed the power of the courts to review certain laws.
It inserted a provision that said no law implementing the Directive Principles could be declared invalid even if it violated the Fundamental Rights.

In simple words, it gave more importance to Directive Principles of State Policy over Fundamental Rights.
This was a big shift in the constitutional balance.

Directive Principles of State Policy (DPSPs)

Several new Directive Principles were added to guide the government in making laws.
For example:

·        To protect the environment and forests.

·        To provide opportunities for children to develop in a healthy manner.

·        To promote equal justice and free legal aid.

This made the DPSPs more detailed and modern in their approach.

Power of the Judiciary

The amendment restricted the powers of the judiciary, especially the Supreme Court and the High Courts.
It said that the judiciary could not question the constitutional validity of laws passed under certain articles.
In effect, it reduced the power of judicial review, which is one of the core principles of our Constitution.

Centralisation of Power

The 42nd Amendment gave more powers to the Central Government.
For example:

·        It made it harder for states to oppose or change central laws.

·        It declared that the Parliament had power to make laws on almost any subject in the national interest.

This move was seen as an attempt to weaken the federal structure and make India more unitary in nature.

Term of the Lok Sabha and State Assemblies

Earlier, the term of Lok Sabha and State Assemblies was 5 years.
The 42nd Amendment increased it to 6 years.
This was done during the Emergency to ensure that elections could be delayed.
However, this was later reversed by the 44th Amendment Act of 1978.

Constitutional Amendments and Courts

The amendment said that no constitutional amendment could be questioned in any court.
This was an attempt to make Parliament’s power supreme over the judiciary.
But later, the Supreme Court in the Minerva Mills case (1980) struck down this provision, saying that judicial review is part of the basic structure of the Constitution and cannot be taken away.

Why It Is Called a “Revision” or “Mini-Constitution”

Now that we’ve seen the major changes, let’s understand why it is called a revision of the Constitution.

The 42nd Amendment made changes in almost every major part of the Constitution —
👉 The Preamble
👉 Fundamental Rights
👉 Directive Principles
👉 Powers of Judiciary
👉 Centre-State Relations
👉 The term of Legislatures
👉 Emergency provisions, and more.

In total, it amended more than 50 Articles and added new sections, which is why it is often said that the Constitution was “revised” or “rewritten.”

Because of its vast scope, scholars and political analysts called it the “Mini-Constitution.”
It was not just a small correction or addition — it was like rewriting the constitutional philosophy itself.

Criticism of the 42nd Amendment

Many people criticized the 42nd Amendment.
It was said that the government used it to concentrate too much power in its own hands and weaken democratic institutions.

Critics argued that:

·        It reduced the independence of the judiciary.

·        It undermined the federal spirit of the Constitution.

·        It weakened Fundamental Rights of citizens.

·        And it tilted the balance heavily in favor of the Central Government.

Many of these controversial provisions were later reversed by the 44th Amendment (1978) after the Emergency ended and a new government came to power.

Positive Aspects

However, not all parts of the 42nd Amendment were bad.
Some of its additions were actually progressive and beneficial, such as:

·        The inclusion of environmental protection in the Directive Principles.

·        The emphasis on child welfare and free legal aid.

·        And the addition of “Secular” and “Integrity” in the Preamble, which reflected India’s diverse and united spirit.

So, while it had political motives, it also introduced ideas that remain valuable today.

the 42nd Amendment of 1976 is called a revision or mini-Constitution because it brought the most extensive changes ever to the Indian Constitution.
It tried to redefine the relationship between the Legislature, Judiciary, and the Executive.
It made the Constitution more detailed, more centralized, and somewhat less flexible.

Even though some parts were later changed, the 42nd Amendment remains one of the most discussed and debated amendments in Indian constitutional history.

So friends, that was our detailed discussion on Why the 42nd Amendment is called a Revision of the Indian Constitution.