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.

All labels observed (7)

How this entity was disambiguated

Statements (73)

Predicate Object
instanceOf Act of Parliament of India
Constitutional amendment of India
affectedPart Part III of the Constitution of India
Part IV of the Constitution of India
Part IVA of the Constitution of India
Part VI of the Constitution of India
Part XI of the Constitution of India
Part XII of the Constitution of India
Part XIV of the Constitution of India
Part XV of the Constitution of India
Part XVI of the Constitution of India
Part XVIII of the Constitution of India
Preamble to the Constitution of India
Seventh Schedule of the Constitution of India
aimedTo reduce scope of High Courts’ writ jurisdiction
strengthen centralization of power
alsoKnownAs Forty-second Amendment of the Constitution of India
Mini-Constitution
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
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
enactedBy Parliament of India
expandedPowersOf Union government of India
linked to: Government of India
governingDocumentAmended Constitution of India
insertedArticle Article 39A
Article 43A
Article 48A
insertedPart Part IVA
insertedSchedule Tenth Schedule
introducedBy H. R. Gokhale
introducedConcept Fundamental Duties of citizens
introducedDuring The Emergency (India, 1975–1977)
introducedInGovernmentOf Indira Gandhi
languageOfText English
legislativeBody Lok Sabha
Rajya Sabha
locationOfFundamentalDuties Article 51A
nicknamed Mini-Constitution
numberOfArticlesAmended 40
numberOfSections 59
partiallyInvalidatedBy Supreme Court of India in Minerva Mills judgment
partiallyModifiedBy Constitution (Forty-fourth Amendment) Act, 1978
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)
Minerva Mills Ltd. v. Union of India
shiftedSubjectToConcurrentList Education
Forests
Protection of wild animals and birds
Weights and measures
strengthened Directive Principles of State Policy
subjectArea Constitutional law
year 1976

How these facts were elicited

Referenced by (11)

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 368 wasAmendedBy 42nd Amendment to the Constitution of India
linked to: Constitution (Forty-second Amendment) Act, 1976
Article 74 of the Constitution of India amendedBy 42nd Amendment to the Constitution of India
linked to: Constitution (Forty-second Amendment) Act, 1976
44th Amendment to the Constitution of India relatedTo 42nd Amendment to the Constitution of India
linked to: Constitution (Forty-second Amendment) Act, 1976
Article 131A of the Constitution of India introducedBy Constitution (Forty-second Amendment) Act, 1976
Article 144A of the Constitution of India insertedBy Forty‑second Amendment of the Constitution of India
linked to: Constitution (Forty-second Amendment) Act, 1976
Constitution (Forty-second Amendment) Act, 1976 alsoKnownAs Forty-second Amendment of the Constitution of India
linked to: Constitution (Forty-second Amendment) Act, 1976
Seventh Schedule of the Constitution of India amendedBy 42nd Amendment of the Constitution of India
linked to: Constitution (Forty-second Amendment) Act, 1976
Minerva Mills Ltd. v. Union of India constitutionalAmendmentChallenged Constitution (Forty-second Amendment) Act, 1976
Article 368 of the Constitution of India wasAmendedBy 42nd Constitutional Amendment Act, 1976
linked to: Constitution (Forty-second Amendment) Act, 1976
Directive Principles of State Policy (India) strengthenedBy 42nd Constitutional Amendment Act 1976
linked to: Constitution (Forty-second Amendment) Act, 1976