Indian Political Compass

Constitutional Amendment · Partly overruled

42th Amendment (1976)

The most sweeping amendment in Indian history, passed during the Emergency. Added 'socialist', 'secular', and 'integrity' to the Preamble; curtailed judicial review; expanded Directive Principles over Fundamental Rights.

Why it was passed

The Indira Gandhi government used its Emergency-period two-thirds majority to constitutionally entrench its political agenda and limit the judiciary's power to strike down laws.

Key changes

  • Amended the Preamble to describe India as a 'Sovereign Socialist Secular Democratic Republic'
  • Added ten Fundamental Duties (Article 51A)
  • Expanded Article 31C to bar judicial review of any law giving effect to any Directive Principle
  • Extended the term of Parliament and State Assemblies from five to six years
  • Added Article 323A and 323B enabling Administrative Tribunals
  • Curtailed High Court jurisdiction in various matters

Controversy and legal challenges

Several provisions were struck down by the Supreme Court in Minerva Mills Ltd. v. Union of India (1980) as violating the Basic Structure doctrine. The amendment is widely seen as an attempt to concentrate power in the executive during an authoritarian period.

Related articles

Article 51AFundamental Duties
→
Article 39Certain principles of policy to be followed by the State
→

Content is editorial draft pending fact-check against official Gazette notifications and Supreme Court judgment texts. Last reviewed: 2026-07-02.

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