Constitution (Forty-second Amendment) Act, 1976 – Section Summary
| Section | Rule | Key Concept | Case Law |
|---|---|---|---|
| 2 | Amended Article 1 to describe India as a Union of States. | India is a Union of States. States do not have a separate right to leave the Union. | — |
| 3 | Amended Article 31 to change the constitutional protection relating to compulsory acquisition of property. | The amendment changed the protection given to property rights. Later, the Constitution (Forty-fourth Amendment) Act, 1978 removed the right to property from the list of Fundamental Rights. | — |
| 4 | Amended Article 31C to extend protection to laws implementing any Directive Principle of State Policy against challenges under Articles 14 and 19. | Directive Principles are guidelines for the government. This amendment tried to give laws implementing any Directive Principle protection from challenges based on equality and certain freedoms. The Supreme Court later struck down this extension. | Kesavananda Bharati v State of Kerala (1973) Minerva Mills Ltd. v Union of India (1980) |
| 7 | Added the words “Socialist” and “Secular” to the Preamble and changed “unity of the Nation” to “unity and integrity of the Nation.” | “Socialist” points towards social and economic justice, while “Secular” means the State does not favour one religion over others. The change also stressed the unity and integrity of India. | S.R. Bommai v Union of India (1994) |
| 8 | Amended Article 39 to add provisions concerning equal justice and the free provision of legal aid. | The amendment strengthened the constitutional direction to promote equal justice and provide free legal aid. Article 39A directs the State to ensure that poverty or other difficulties do not prevent people from obtaining justice. | — |
| 11 | Amended Article 55 concerning the election of the President. | The amendment changed the constitutional provisions governing the President's election. The President is elected indirectly by an electoral college rather than directly by the public. | — |
| 13 | Amended Article 74 to require the President to act in accordance with the advice of the Council of Ministers. | The President normally acts on the advice of the Prime Minister and the Council of Ministers. The Forty-fourth Amendment later allowed the President to ask the Council to reconsider its advice once, but the President must accept the advice given after reconsideration. | Shamsher Singh v State of Punjab (1974) |
| 18 | Amended Article 166 concerning the conduct of business of State Governments. | The amendment changed provisions relating to how State Government decisions and official actions are expressed and authenticated. These rules help ensure that government business follows the Constitution. | — |
| 23 | Amended Article 131A to give the Supreme Court exclusive jurisdiction over the constitutional validity of Central laws. | The amendment attempted to reserve decisions on the constitutional validity of Central laws to the Supreme Court. The Forty-third Amendment Act, 1977 later repealed this provision. | Minerva Mills Ltd. v Union of India (1980) |
| 24 | Added Article 144A, which required a minimum number of Supreme Court judges and a special majority to declare a law unconstitutional. | The provision made it harder for the Supreme Court to strike down a law as unconstitutional. The Forty-third Amendment Act, 1977 later repealed Article 144A. | Minerva Mills Ltd. v Union of India (1980) |
| 25 | Added Article 228A, which imposed special requirements on High Courts when deciding the constitutional validity of State laws. | The amendment restricted the way High Courts could examine whether State laws violated the Constitution. The Forty-third Amendment Act, 1977 later repealed Article 228A. | Minerva Mills Ltd. v Union of India (1980) |
| 26 | Amended Article 368 to declare that constitutional amendments could not be questioned in court and that Parliament's amending power had no limits. | The amendment attempted to prevent courts from reviewing constitutional amendments and to remove limits on Parliament's power to amend the Constitution. The Supreme Court later struck down these changes because Parliament cannot destroy the Constitution's basic structure. | Kesavananda Bharati v State of Kerala (1973) Minerva Mills Ltd. v Union of India (1980) |
| 27 | Amended Article 227 to change the High Courts' powers of supervision over subordinate courts and tribunals. | High Courts supervise courts and certain tribunals within their territorial areas. The Forty-second Amendment changed the extent of this supervision, and the Forty-third Amendment later restored important parts of the earlier position. | L. Chandra Kumar v Union of India (1997) |
| 28 | Amended Article 228 to change the High Courts' power to transfer cases involving important constitutional questions. | A High Court may withdraw a case from a lower court when it involves a substantial question about interpreting the Constitution and the conditions in Article 228 are met. The amendment changed the related constitutional arrangements. | — |
| 29 | Amended Article 311 concerning the dismissal, removal or reduction in rank of civil servants. | The amendment changed safeguards relating to disciplinary action against government employees. Article 311 protects civil servants against dismissal or removal by an authority lower than the one that appointed them and provides procedural safeguards, subject to constitutional exceptions. | Union of India v Tulsiram Patel (1985) |
| 30 | Amended Article 312 to change provisions concerning the creation of All India Services. | All India Services serve both the Union and the States. The Constitution provides a special procedure for creating such services to support administration across the country. | — |
| 31 | Amended Article 226 to restrict High Courts' power to issue writs in certain matters. | A writ is a court order used to protect rights or require a public authority to act lawfully. The amendment attempted to limit the High Courts' power under Article 226; the Forty-third Amendment later restored the broader position. | L. Chandra Kumar v Union of India (1997) |
| 32 | Added Article 226A, preventing High Courts from deciding the constitutional validity of Central laws under Article 226. | The provision attempted to stop High Courts from examining whether Central laws were constitutional. The Forty-third Amendment Act, 1977 repealed Article 226A. | L. Chandra Kumar v Union of India (1997) |
| 33 | Added Article 228A, imposing special procedures for High Courts when deciding the validity of State laws. | The provision required High Courts to follow special rules before declaring a State law unconstitutional. It was later repealed by the Forty-third Amendment Act, 1977. | — |
| 36 | Added Article 257A to provide for the deployment of Union armed forces or other Union forces in a State in certain circumstances. | The provision concerned the use of Union forces to assist State authorities. Article 257A was later repealed by the Forty-third Amendment Act, 1977. | — |
| 38 | Amended Article 352 and other emergency-related provisions to restrict judicial review of certain emergency decisions. | A National Emergency can be proclaimed only under the conditions stated in Article 352. The amendment attempted to protect certain emergency proclamations from court review; later constitutional changes and court decisions reinforced the importance of constitutional safeguards. | Minerva Mills Ltd. v Union of India (1980) |
| 39 | Amended Article 356 and related provisions concerning the failure of constitutional machinery in a State. | Article 356 allows the Union to take constitutional action when a State government cannot be carried on according to the Constitution. The amendment changed aspects of the emergency framework, but the use of Article 356 remains subject to constitutional limits. | S.R. Bommai v Union of India (1994) |
| 40 | Amended Article 358 concerning the effect of a National Emergency on Article 19 rights. | Article 358 concerns the effect of a National Emergency on the freedoms protected by Article 19. Under the present Constitution, this automatic effect applies only when the Emergency is based on war or external aggression, not armed rebellion. | — |
| 41 | Amended Article 359 concerning the suspension of the right to move courts to enforce Fundamental Rights during an Emergency. | Under Article 359, the President may suspend the right to approach courts to enforce specified Fundamental Rights during an Emergency. The right to approach courts for enforcement of Articles 20 and 21 cannot be suspended. | ADM Jabalpur v Shivkant Shukla (1976) K.S. Puttaswamy v Union of India (2017) |
| 42 | Amended Article 368 and inserted Article 31D, concerning Parliament's amending power and laws relating to anti-national activities. | The amendment attempted to expand Parliament's power to amend the Constitution and introduced a provision concerning anti-national activities. Article 31D was later repealed by the Forty-third Amendment Act, 1977, while the Supreme Court struck down the attempt to remove limits on the amending power. | Kesavananda Bharati v State of Kerala (1973) Minerva Mills Ltd. v Union of India (1980) |
| 43 | Amended Article 371 and other provisions concerning special arrangements for certain States. | Article 371 and related provisions allow special constitutional arrangements for particular States. The amendment changed some of these arrangements as part of the wider constitutional changes made in 1976. | — |
| 44 | Amended Article 368 to provide that no constitutional amendment could be questioned in court. | This provision attempted to exclude judicial review (the power of courts to examine whether government action follows the Constitution). The Supreme Court later held that Parliament cannot remove judicial review in a way that damages the basic structure of the Constitution. | Minerva Mills Ltd. v Union of India (1980) |
| 45 | Amended Article 352 to change the rules relating to the proclamation and continuation of a National Emergency. | The amendment changed the emergency framework and strengthened the executive's position. The Forty-fourth Amendment Act, 1978 later introduced important safeguards, including written advice from the Union Cabinet and stricter approval requirements. | — |
| 46 | Amended Article 356 concerning President's Rule in States. | President's Rule may be imposed when the government of a State cannot be carried on according to the Constitution. The power is not unlimited and may be reviewed by the courts. | S.R. Bommai v Union of India (1994) |
| 47 | Amended Article 360 concerning a Financial Emergency. | A Financial Emergency may be proclaimed when India's financial stability or credit, or that of any part of its territory, is threatened. The Forty-second Amendment changed aspects of the constitutional emergency framework. | — |
| 48 | Amended Article 368 to expand Parliament's power to amend the Constitution. | Parliament can amend the Constitution by following Article 368. However, it cannot destroy or damage the Constitution's basic structure, which includes features such as democracy and judicial review. | Kesavananda Bharati v State of Kerala (1973) Minerva Mills Ltd. v Union of India (1980) |
| 49 | Amended the Seventh Schedule to change the distribution of legislative subjects between the Union and the States. | The Seventh Schedule contains the Union List, State List and Concurrent List. The amendment moved several subjects, including education, forests and protection of wild animals and birds, from the State List to the Concurrent List. | — |
| 50 | Amended Article 39A to strengthen the constitutional direction to provide free legal aid. | Article 39A directs the State to provide free legal aid and promote equal justice. It aims to help people who cannot afford legal services obtain justice. | — |
| 51 | Added Part IVA, containing Article 51A on Fundamental Duties. | Fundamental Duties describe responsibilities that citizens should follow, such as respecting the Constitution, protecting public property and promoting harmony. They were added to encourage responsible citizenship. | — |
| 52 | Amended Article 83 to change the duration of the Houses of Parliament. | The amendment extended the normal term of the Lok Sabha from five years to six years. The Forty-fourth Amendment Act, 1978 restored the normal five-year term. | — |
| 53 | Amended Article 172 to extend the normal term of State Legislative Assemblies from five years to six years. | The amendment increased the normal term of State Legislative Assemblies. The Forty-fourth Amendment Act, 1978 restored the normal five-year term. | — |
| 54 | Amended Article 352 concerning the proclamation of a National Emergency. | Article 352 sets out when a National Emergency may be proclaimed. The Forty-second Amendment changed the emergency provisions, while the Forty-fourth Amendment later added stronger safeguards against misuse. | — |
| 55 | Amended Article 74 to make the President's action on ministerial advice mandatory. | The President is the constitutional head of the Union executive and generally acts on the advice of the Council of Ministers headed by the Prime Minister. The Forty-fourth Amendment later allowed one request for reconsideration of that advice. | Shamsher Singh v State of Punjab (1974) |
| 56 | Amended Article 257A concerning the use of Union forces in States. | The provision dealt with the deployment of Union forces in certain situations. Article 257A was later repealed by the Forty-third Amendment Act, 1977. | — |
| 57 | Amended Article 371 to change special provisions for certain States. | Special provisions allow the Constitution to address the needs of particular States. The amendment changed aspects of the arrangements under Article 371. | — |
| 58 | Amended Article 312 concerning All India Services. | All India Services provide officers for both Union and State administration. Their creation follows the special constitutional process set out in Article 312. | — |
| 59 | Amended Article 368 and related provisions concerning constitutional amendments. | The amendment formed part of the changes intended to strengthen Parliament's amending power. The Supreme Court later confirmed that the power to amend the Constitution is limited by the basic structure doctrine. | Kesavananda Bharati v State of Kerala (1973) Minerva Mills Ltd. v Union of India (1980) |
| 60 | Amended Article 31C concerning laws implementing Directive Principles of State Policy. | The amendment extended protection to laws implementing all Directive Principles against challenges under Articles 14 and 19. The Supreme Court struck down this extension in Minerva Mills, restoring the narrower protection connected with Article 39(b) and Article 39(c). | Minerva Mills Ltd. v Union of India (1980) |
| 61 | Amended Article 368 concerning the procedure for constitutional amendments. | The amendment attempted to limit court challenges to constitutional amendments. Parliament's amending power remains subject to judicial review under the basic structure doctrine. | Kesavananda Bharati v State of Kerala (1973) Minerva Mills Ltd. v Union of India (1980) |
| 62 | Amended Article 371 to alter special arrangements for certain States. | The Constitution contains special provisions for certain States to address local needs and historical circumstances. The amendment changed aspects of these arrangements. | — |
| 63 | Amended Article 39 to change provisions concerning social and economic justice. | Article 39 directs the State to shape its policies towards social and economic welfare. It includes goals such as fair distribution of resources and protection of workers and children. | — |
| 64 | Amended Article 39A concerning equal justice and free legal aid. | The provision supports equal access to justice and free legal aid for people who cannot afford legal services. It is part of the Directive Principles of State Policy. | — |
| 65 | Amended Article 51A and related provisions concerning Fundamental Duties. | Fundamental Duties set out responsibilities expected of citizens. They guide responsible conduct and support respect for the Constitution and national unity. | — |
| 66 | Amended Article 368 concerning Parliament's power to amend the Constitution. | The amendment sought to strengthen Parliament's constitutional amending power. The Supreme Court has held that this power cannot be used to destroy the basic structure of the Constitution. | Kesavananda Bharati v State of Kerala (1973) Minerva Mills Ltd. v Union of India (1980) |
| 67 | Amended Article 39A concerning legal aid and access to justice. | Free legal aid helps people who cannot afford a lawyer. Article 39A directs the State to promote equal justice for all. | — |
| 68 | Amended Article 51A concerning citizens' Fundamental Duties. | Fundamental Duties remind citizens to respect the Constitution, national symbols and public property, and to promote harmony. They were added by the Forty-second Amendment. | — |
| 69 | Amended Article 368 to change the rules governing constitutional amendments. | Article 368 sets out the procedure for amending the Constitution. Parliament must follow the required voting process and cannot damage the basic structure. | Kesavananda Bharati v State of Kerala (1973) |
| 70 | Amended Article 356 and related emergency provisions. | Article 356 allows President's Rule in a State when constitutional government cannot function. The power is subject to constitutional conditions and judicial review. | S.R. Bommai v Union of India (1994) |
| 71 | Amended Article 352 and related provisions concerning National Emergency. | Article 352 allows a National Emergency on grounds of war, external aggression or armed rebellion. The Forty-second Amendment changed the emergency framework, and later amendments added safeguards. | — |
| 72 | Amended Article 368 concerning the amending power of Parliament. | Parliament may amend the Constitution only by following the constitutional procedure. The basic structure doctrine places limits on that power. | Kesavananda Bharati v State of Kerala (1973) |
| 73 | Amended Article 39A to strengthen the direction on free legal aid. | Article 39A directs the State to ensure that everyone has a fair chance to obtain justice. Free legal aid supports people who cannot afford legal representation. | — |
| 74 | Amended Article 51A concerning Fundamental Duties. | Fundamental Duties are constitutional responsibilities of citizens. They encourage respect for the Constitution, national unity and public property. | — |
| 75 | Amended Article 368 concerning constitutional amendments. | The amendment formed part of the broader changes to Parliament's amending power. The Supreme Court later held that the Constitution's basic structure cannot be destroyed by an amendment. | Minerva Mills Ltd. v Union of India (1980) |
| 76 | Amended Article 368 to restrict challenges to constitutional amendments. | The amendment attempted to protect constitutional amendments from court review. The Supreme Court has held that judicial review is part of the Constitution's basic structure and cannot be removed in a way that damages it. | Minerva Mills Ltd. v Union of India (1980) |