EDITORIALS & ARTICLES
The Purpose of the 42nd Constitutional Amendment was to make the economic and social democracy explicitly visible. (UPSC CSE Mains 2016 - Political Science and International Relations, Paper 1)
- The 42nd Constitutional Amendment Act, 1976 made comprehensive changes and came to the known as mini constitution. It gave effect to most of Swaran Singh committee’s recommendations. It, among other changes, added ‘socialist’ to the preamble and envisaged precedence of DPSP over fundamental rights (However, this was declared unconstitutional and void by the Supreme Court in the Minerva Mills Case, 1980). It also added three new directive principles to provide for free legal aid, participation of the workers in the management of industries and conservation of environment and wildlife.
- The amendment was also a reaction to Kesvananda Bharati judgment which had restricted the parliaments powers to amend the constitution. It wanted to clarify the Socialistic goals and further overcome any legal and constitutional hurdles to improve and expand targetted poverty eradication programmes.
- With Five Year Plans (adapted from Socialist Soviet Union) and Public Sector Undertakings occupying the ‘commanding the heights of the economy’ it was clear social and economic democracy were the priority in independent India. The Congress had as early as 1955 resolved in favor of a “socialistic pattern of the society”. However India ventured towards ‘democratic socialism’ (a blend of Nehruvian and Gandhian socialism. as opposed to ‘communist socialism’.
- Moreover, the constitution had strong socialistic undercurrents. In the preamble, social and economic justice precede political justice. The Directive Principles Of State Policy (DPSP) also incorporate numerous provisions to further social and economic democracy. (Although, not enforceable by the courts, the constitution prescribes DPSP to be fundamental to the governance of the country.)
- Thus the 42nd Constitutional Amendment explicitly brought out the goal of social and economic democracy which was already pervasive in Indian constitution as well as administration.
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