Introduction
It is a rule of the law that the ‘law of land’ should be upheld every time law is spoken of. In India, such law of land or the grundnorm is the CONSTITUTION. The Indian Constitution since its inception in 1950 has been providing protection to all the citizens and ensured that there is no discrimination and that every person is provided with equal opportunities and is treated with equity. It also upholds the basic human rights enshrined as under fundamental rights and aims for a democratic nation.
The 42nd Amendment bought to the constitution in 1976 is itself a law and is popularly termed as ‘mini constitution’. The reason beyond such naming for this amendment is because it has bought some imminent changes in the constitution and thereby the working of India and the goals and aspirations of Indians.
What did this change?
The most important addition by this amendment can be observed in the Preamble of the Constitution; wherein the words ‘Sovereign Democratic Republic’ has been replace by ‘Sovereign Socialist Secular Democratic Republic’. This thereby is a change in the way India is viewed and its morals. From this day, India that has been known for its diversity has become popular for ‘unity in diversity’; with the adaption of the concept of Secularism. Secularistic state in a laymen language is a state; wherein all religions are equally treated with no disparity. Hence trying to gain a free spiritual space for one and all in India.
The word Socialist implies that the nation would be a free and equal space for everyone; without any disparity on the basis of differences such as caste, colour, creed, etc. This introduction and conversion of India into a Socialist state has helped the nation remove the insecurities and differences; that existed before the independence.
The preamble also saw another replacement in this amendment. That is the replacement of the sentence ‘unity of the Nation’ to ‘unity and integrity of the Nation’. This replacement is to let one know India is not only a united land. But is also a land of equality and security.
Further, Article 39A was introduced which draws a duty upon the state; to ensure that the judicial legal system works effectively on basis of principles of rule of law and natural justice. So as to provide legal aid to everyone and in circumstances when a person is unable to support himself in the court of law. Through a legal practitioner, then the state has to take up the responsibility of such a person. It provide him free legal aid and should ensure delivery of justice.
The amendment also introduces certain fundamental duties upon the citizens of India under Part IVA. Thereby making them responsible to abide by the constitution; to protect the sovereignty, unity and integrity of the nation; to protect the nation in times of need. Also to involve in such activities so as to hold the status of the nation high in the international societies.
The amendment has inserted article 323A which speaks about the establishment of administrative tribunals; thus paving the way to the administrative adjudication in India from the first time and the development of now building Administrative Law. This step of the framers is to help the judiciary and the government to deliver justice in a speedy and effective way. It was observed that the traditional judicial courts are burden up with pendency. Because of cases as petty as a theft to cases that bring constitutional challenges like the case of Kesavananda Bharathi. So, the introduction of this provision created the rule of administrative adjudication thus promoting speedy justice with less legal formalities at lower costs upon the parties.
The amendment also bought substantive changes in the procedure of declaration of emergency in India and the protocols followed in the times of an ongoing emergency. The amendment has also bought a number of minor changes regarding the time period, disqualification, decision process, etc. regarding the members of parliament and the president.
Conclusion
Though the amendment has alter and insert various provisions that aim for the better development of India, the same has been criticized as this amendment was bought during the period of emergency and contained the provisions of extension of the time period of the members of parliament. Hence, once the emergency; the 43rd and 44th amendments followed; which un-did many changes done by the 42nd amendment to ensure the safety of the nation and to safeguard that no political power could take the law in hands, and so thereby the constitution stood still protecting the rights of the citizens; as said in the preamble that government is ‘of the people; by the people; for the people’.
References:
http://legislative.gov.in/constitution-forty-second-amendment-act-1976
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