The 42nd Amendment of the Indian Constitution, enacted in 1976, is one of the most significant constitutional amendments in India’s history. Often referred to as the “Mini-Constitution”, it brought about sweeping changes to the Constitution, affecting multiple aspects of governance, including the balance of power between the Centre and the States, and the introduction of Fundamental Duties. These changes not only reshaped India’s political landscape but also redefined the relationship between the various organs of the state.
- Reshaping Centre-State Relations
- Introduction of Fundamental Duties
RESHAPING CENTRE-STATE RELATIONS
Before the 42nd Amendment, the Indian Constitution had a clear division of powers between the Centre and the States, with the Union List, State List, and Concurrent List demarcating the areas of legislation and governance. However, the 42nd Amendment altered the balance of power between the Centre and the States, expanding the Centre’s authority in several areas and diminishing the autonomy of the States.
Strengthening the Union’s Powers
The 42nd Amendment gave significant constitutional support to the Centre’s authority over the States, mainly by altering the Union-State relations in the following ways:
- Shift in the Distribution of Legislative Powers:
The amendment made changes to the Concurrent List, empowering the Centre to legislate in areas that were previously the domain of the States. This could be seen as an attempt to centralize power in the hands of the Union Government. - Transfer of Certain Subjects to the Union List:
It transferred some subjects, which were previously in the State List, to the Concurrent or Union List, further strengthening the Union’s legislative powers. For example, the amendment allowed the Centre to legislate on matters related to education, marriage, and divorce. - Alteration in the Use of Article 356:
Article 356 (President’s Rule) was broadened by the amendment, giving the Centre greater power to impose President’s Rule in States under conditions of failure of constitutional machinery. This provision was often seen as a tool for political control, allowing the Union Government to dissolve State governments and dismiss State Assemblies. - Reorganization of States and Territories:
The 42nd Amendment further enhanced the power of the Centre in reorganizing States, affecting the administrative structure. Though the process of reorganization was already in place through the States Reorganization Act, 1956, the amendment gave more control to the Centre in determining the boundaries of states or Union Territories.
Impact on the States’ Autonomy
- Reduction in States’ Power in Financial Matters:
The amendment also altered the financial relationship between the Centre and the States. The Finance Commission’s role was further diminished, and the Union Government had more discretion over the allocation of finances to States. This contributed to a decrease in the fiscal autonomy of States. - Increased Central Control over Local Bodies:
The amendment emphasized greater centralization in local governance, allowing the Centre to exercise stronger control over local bodies such as municipalities and panchayats.
INTRODUCTION OF FUNDAMENTAL DUTIES
The 42nd Amendment introduced a significant shift by adding Part IVA (Article 51A) to the Constitution, which enumerates the Fundamental Duties of citizens. Prior to this amendment, the Indian Constitution primarily focused on the Fundamental Rights of citizens, but did not explicitly mention their duties. This addition was aimed at creating a sense of social responsibility among citizens and encouraging a greater commitment to national ideals.
The Need for Fundamental Duties
The introduction of Fundamental Duties was inspired by the belief that a democracy requires active participation from its citizens, not just through the exercise of rights, but also through fulfilling social, moral, and civic duties. The Swaran Singh Committee (1976), which recommended the inclusion of Fundamental Duties, highlighted that rights and duties are intrinsically linked, and citizens must not only claim rights but also adhere to their responsibilities to the state and society.
Significance of Fundamental Duties
- Promotion of National Integration:
The duties emphasize the protection of national unity and integrity, urging citizens to contribute to the building of a strong and cohesive nation. The duties aim to promote harmony, understanding, and tolerance among people from different cultures, religions, and regions. - Encouragement of Civic Responsibility:
The inclusion of duties aims to enhance civic consciousness, urging citizens to actively participate in societal development and not merely focus on personal rights. This fosters a spirit of active participation in democratic processes. - Complementary to Fundamental Rights:
Fundamental Duties serve as a counterbalance to Fundamental Rights. While rights guarantee individual freedoms, duties ensure that individuals also contribute positively to the welfare of the state and society. This dual approach strengthens the moral fabric of the nation. - Legal Implications and Limitations:
While the Fundamental Duties are not justiciable (i.e., they cannot be enforced through courts), they provide a moral and educational framework for citizens. In certain cases, the violation of duties can lead to legislative measures, but it cannot lead to legal punishment. The duties, however, guide public policy, ensuring citizens’ participation in national development and governance.
Conclusion
The 42nd Amendment of the Indian Constitution was a transformative piece of legislation that played a crucial role in reshaping both the Centre-State relations and the concept of Fundamental Duties. By centralizing power and modifying the relationship between the Centre and States, the amendment strengthened the Union Government and its ability to intervene in State matters. Simultaneously, the introduction of Fundamental Duties represented an attempt to foster a sense of collective responsibility among citizens, promoting national unity and individual contribution to the state’s welfare.
