Can you explain the significance of the 42nd Amendment and the changes it made to the preamble and fundamental duties in the Constitution of India?

Detailed Legal Analysis

The 42nd Amendment, enacted in 1976 during the Emergency period, is significant as it made substantial changes to the Constitution of India, particularly in the Preamble and the introduction of Fundamental Duties.

Key changes made by the 42nd Amendment include:

• Amendment to the Preamble: The amendment added the words "Socialist" and "Secular" to the Preamble, enhancing the commitment of the Indian state to these principles. The Preamble now reads as follows: "We, the People of India, having solemnly resolved to constitute India into a Sovereign Socialist Secular Democratic Republic..."
• Introduction of Fundamental Duties: The 42nd Amendment added Article 51A to the Constitution, which enumerates the Fundamental Duties of citizens. This was a significant step towards promoting civic sense and responsibility among the populace. The duties include:
• To abide by the Constitution and respect its ideals and institutions.
• To cherish and follow the noble ideals which inspired our national struggle for freedom.
• To uphold and protect the sovereignty, unity, and integrity of India.
• To defend the country and render national service when called upon to do so.
• To promote harmony and the spirit of common brotherhood amongst all the people of India.
• To value and preserve the rich heritage of our composite culture.
• To protect and improve the natural environment.
• To develop the scientific temper, humanism, and the spirit of inquiry and reform.
• To safeguard public property and to abjure violence.
• To strive towards excellence in all spheres of individual and collective activity.
• Expansion of the Powers of the Parliament: The amendment also increased the powers of Parliament to amend the Constitution, particularly in relation to the Fundamental Rights, thereby limiting the scope of judicial review.
• Changes in the Structure of the Constitution: The 42nd Amendment made several alterations to the legislative procedures and the manner in which states and the Union Government interacted, including the imposition of a greater control of the central government over the states.

In conclusion, the 42nd Amendment significantly altered the constitutional framework of India by reinforcing the values of socialism and secularism, while also introducing a framework for the Fundamental Duties of citizens, thus promoting a more engaged and responsible citizenry.