Which constitutional amendment is called a ‘mini- constitution’?
Q. Which of the following are provisions of the 42nd Amendment Act, 1976?
1) It omitted the reference to the British House of Commons in the provisions pertaining to the parliamentary privileges.
2) It froze the seats in the Lok Sabha and state legislative assemblies on the basis of 1971 census till
2001.
3) It added Fundamental Duties
4) It added words socialist, secular and integrity in the Preamble.- Published on 23 Feb 17a. 1, 2 and 3
b. 2, 3 and 4
c. 3 and 4
d. All of the above
ANSWER: 2, 3 and 4
- Point 1 is from the 44th amendment act of 1978.
- 42nd Constitutional Amendment Act, 1976 is known as ‘Mini-Constitution’.
- It gave effect to the recommendations of Swaran Singh Committee.
It had following provisions -
a. It added three new words (i.e., socialist, secular and integrity) in the Preamble.
b. Added Fundamental Duties by the citizens (new Part IV A).
c. Made the president bound by the advice of the cabinet.
d. Provided for administrative tribunals and tribunals for other matters (Added Part XIV A).
e. Froze the seats in the Lok Sabha and state legislative assemblies on the basis of 1971 census till2001.
f. Made the constitutional amendments beyond judicial scrutiny.
g. Curtailed the power of judicial review and writ jurisdiction of the Supreme Court and high courts.
h. Raised the tenure of Lok Sabha and state legislative assemblies from 5 to 6 years.
i. Provided that the laws made for the implementation of Directive Principles cannot be declared invalid by the courts on the ground of violation of some Fundamental Rights.
j. Empowered the Parliament to make laws to deal with anti-national activities and such laws are to take precedence over Fundamental Rights.
k. Added three new Directive Principles viz., equal justice and free-legal aid, participation of workers in the management of industries and protection of environment, forests and wild life.
l. Facilitated the proclamation of national emergency in a part of territory of India.
m. Extended the one-time duration of the President’s rule in a state from 6 months to one year.
n. Empowered the Centre to deploy its armed forces in any state to deal with a grave situation of law and order.
o. Shifted five subjects from the state list to the concurrent list, viz., education, forests, protection of wild animals and birds, weights and measures and administration of justice, constitution and organization of all courts except the Supreme Court and the high courts.
p. Did away with the requirement of quorum in the Parliament and the state legislatures.
q. Empowered the Parliament to decide from time to time the rights and privileges of its members and committees.
r. Provided for the creation of the All-India Judicial Service.
s. Shortened the procedure for disciplinary action by taking away the right of a civil servant to make representation at the second stage after the inquiry (i.e., on the penalty proposed).
- The 41st Constitutional Amendment Act, 1976 raised the retirement age of members of State Public Service Commission and Joint Public Service Commission from 60 to 62.
