On December 18, 1976, President Fakhruddin Ali Ahmed approved the Constitution (Forty-Second Amendment) Act, 1976. The Bill had earlier passed in the Lok Sabha on November 2 and the Rajya Sabha on November 11, 1976. In the Lok Sabha, only five members opposed the Bill, while it faced no opposition in the Rajya Sabha. Notably, those who opposed the amendment were dissidents from the ruling Indian National Congress. Meanwhile, 21 opposition MPs were detained under preventive laws like the Maintenance of Internal Security Act, 1971.

The Bill was ratified by 16 state assemblies, all controlled by Congress. It became the most transformative amendment to the Constitution up to that point, involving deletions, significant alterations and the addition of numerous provisions. These changes fundamentally altered the original Constitution adopted on November 26, 1949. The amendment weakened the Constitution by inserting clauses that placed legislative acts beyond judicial review, effectively undermining the Supreme Court's landmark Kesavananda Bharati judgment of 1973, which had established the Basic Structure Doctrine.

"The important Constitutional development of the Emergency, other than its very imposition, was the enactment of the Forty-Second Amendment. Coming in November 1976, the amendment demonstrates the progression of the Prime Minister and her government from having near-absolute power without a coherent programme – other than the protection of her prime ministry – to power expressed through fundamental constitutional change."

Prime Minister Indira Gandhi's administration was notably antagonistic toward the Basic Structure Doctrine outlined in the Kesavananda Bharati case. Efforts to counteract this doctrine began immediately after the judgment. On April 26, 1973, Justice A.N. Ray, who opposed the Basic Structure Doctrine, was appointed Chief Justice of India, bypassing senior Justices J.M. Shelat, A.N. Grover and K.S. Hegde, who had supported it. This marked a deliberate effort to assert political dominance over the judiciary.

Reform's Brought By 42nd Amendment:
The Constitution (Forty-Second Amendment) Act, 1976, introduced significant changes, including the addition of the words Socialist and Secular to the Preamble. It also amended nearly all substantive provisions of the Constitution, effectively nullifying the balance of power between Parliament and the judiciary established in the Kesavananda Bharati case. Judicial review of constitutional amendments, a cornerstone of the Basic Structure Doctrine, was rendered ineffective.

This controversial transformation was short-lived. Following the defeat of Indira Gandhi and the Congress party in the 1977 general elections, the Janata Party, committed to restoring the Constitution's integrity, undertook corrective measures. Restoration occurred in two phases: the Constitution (Forty-Third Amendment) Act, passed on April 13, 1978 and the Constitution (Forty-Fourth Amendment) Act, enacted on April 30, 1979. Remarkably, Indira Gandhi and her party members supported the Forty-Fourth Amendment, exemplifying the resilience of democracy and the sovereignty of the people.

The amendment made extensive changes, including revising the Preamble to incorporate the terms Socialist and Secular. Most significantly, it curtailed the judiciary's power, undermining the Basic Structure Doctrine and placing legislative acts beyond judicial review. It marked a decisive shift toward executive dominance, cloaked in rhetoric about socio-economic progress and democratic discipline.

Despite these restorations, the insertions to the Preamble-Socialist and Secular-remained. These were later challenged in the Supreme Court. In the landmark Minerva Mills v. Union of India case (1980), a five-judge bench upheld these additions, affirming their validity by a 4:1 majority. The Court observed that these amendments enriched the Constitution's philosophy and fortified its foundational principles.

Reflecting on the Forty-Second Amendment, it remains a stark reminder of how fragile constitutional democracy can be under authoritarian regimes. However, the swift rejection of the Emergency regime in 1977 by the electorate, coupled with the judiciary's later reaffirmation of constitutional values in Minerva Mills, underscored the enduring strength of democratic principles and the rule of law. These events remind us of the vigilance required to safeguard the Constitution's spirit and integrity.

The Apex Court's Verdict On The Omission Of 'Secularism' And 'Socialism':
On November 25, 2024, the Supreme Court of India dismissed petitions challenging the inclusion of the words "socialist" and "secular" in the Preamble to the Constitution. These terms were added by the 42nd Constitutional Amendment in 1976 during the Emergency period. The petitioners, including former Rajya Sabha MP Subramanian Swamy and advocate Vishnu Shankar Jain, argued that the amendment was not subjected to parliamentary debate and that the inclusion of these terms was against the founding fathers' vision.

A bench comprising Chief Justice of India Sanjiv Khanna and Justice PV Sanjay Kumar held that secularism and socialism are integral to the Constitution's basic structure. The court emphasized that secularism has always been a core feature of the Constitution, as reflected in the right to equality and the concept of fraternity. Regarding socialism, the bench noted that India has adopted its own interpretation, focusing on providing fair opportunities and equality, rather than adhering strictly to Western concepts.

The court also addressed the argument that the Preamble, adopted on November 26, 1949, should not be amended retrospectively. It stated that while the Preamble can be amended such amendments must align with the Constitution's fundamental principles. The dismissal of these petitions reaffirms the Supreme Court's stance that the terms "socialist" and "secular" are essential components of India's constitutional framework.

In Conclusion, Many people considered this amendment as a draconian law. It outlined the evil strategy of the then government to remain in power by the introduction of centralising strategies . However, numerous provisions of this amendment were revoked two years later by 44th Constitutional Amendment Act of 1978 but it remained as a huge example of misuse of power.

End Notes:

• India Today:
  https://www.indiatoday.in/india/story/how-and-why-were-socialist-and-secular-added-to-preamble-indira-gandhi-emergency-amendment-2438268-2023-09-20
• Business Standard:
  https://www.business-standard.com/india-news/socialist-secular-in-the-preamble-to-constitution-all-you-need-to-know-123092000288_1.html
• Drishti Judiciary:
  https://www.drishtijudiciary.com/to-the-point/ttp-constitution-of-india/42nd-amendment-act-1976