Forty-second Constitutional Amendment, 1976 - GovtVacancy.Net

Forty-second Constitutional Amendment, 1976

The amended provisions of the Constitution through the 42nd Constitutional Amendment-

 

1. Three new words were added (Socialist, Secular and (the most important amendment is known as Integrity in the form of the short constitution). This gave effect to the recommendations of Swaran Singh Committee)

 

2. Addition of Fundamental Duties by Citizens (New Part IVA)

 

3. Obligation to the President to advise the Cabinet.

 

4. Arrangement of Tribunals on Administrative Tribunals and other matters (Part XIIV A added)

 

5. On the basis of the census of 1971, Lok Sabha seats and state assembly seats were fixed till 2001.

 

6. Constitutional amendments were taken out of judicial scrutiny.

 

7. Reduction in the power of Supreme and High Courts in judicial review and writ jurisdiction.

 

8. Increase of 5 to 6 classes in the tenure of Lok Sabha and Vidhan Sabha.

 

9. Laws made for the implementation of the Directive Principles cannot be declared invalid by the court on the ground that they are violative of certain Fundamental Rights.

 

10. Parliament was empowered to make laws to deal with anti-national activities and such laws shall prevail over the Fundamental Rights.

 

11. Three new Directive Principles were added i.e. equal justice and free legal aid, participation of workers in the management of industries, protection and promotion of the environment, and protection of forests and wildlife.

 

12. Declaration of national calamity in any part of India.

 

13. Increase the term of the President's rule in the state from six months to one year at a time.

 

14. Power to send a military force to the center to maintain law and order in a state.

 

15. Transfer of five subjects from the State List to the Concurrent List, such as education, forest, protection of wildlife and birds, measurement and administration of justice, and constitution and organization of all courts except Supreme and High Courts.

 

16. Abolition of quorum requirement in Parliament and Legislature.

 

17. The Parliament was empowered to decide whether to determine the rights and privileges of its members and committees from time to time.

 

18. Arrangement for creation of All India Legal Service.

 

19. Disciplinary proceedings were reduced by eliminating the right of the civil servant to report after investigation at the second stage (in case of proposed punishment)

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