42nd Amendment Act, 1976 and Addition of “Socialist,” “Secular” and “Integrity”
Indian Polity › Preamble · Topic 4.5
The 42nd Amendment Act (1976), the Mini-Constitution, amended the Preamble once, adding Socialist, Secular and Integrity. The amendment was held valid, while the Minerva Mills case later struck down its Article 368 clause.
5 min read · UPSC Prelims · Polity · Preamble
At a Glance
- What it is The only amendment to the Preamble, which added three words: Socialist, Secular and Integrity
- Year 1976
- Nickname The 42nd Amendment Act is known as the “Mini-Constitution”
- Validity The amendment of the Preamble was held to be valid
- Government Enacted by the Indira Gandhi government during the internal Emergency (1975–77)
- Exam link UPSC Prelims, Polity: Preamble
Where Does It Fit?
The earlier topics in this category described the Preamble, its objectives and its key words. This topic explains the one change ever made to the Preamble, and the Act that made it.
What Did the Amendment Add?
The Preamble has been amended only once so far, in 1976, by the 42nd Constitutional Amendment Act. The Act added three new words: Socialist, Secular and Integrity. This amendment was held to be valid.
| Word added | Where it appears | Position before 1976 |
|---|---|---|
| Socialist | In the description of the State: Sovereign Socialist Secular Democratic Republic | The Constitution already had a socialist content in certain Directive Principles; the Act made explicit what was implicit. The Congress party had adopted a resolution for a “socialistic pattern of society” at its Avadi session in 1955 |
| Secular | In the same description of the State | The Supreme Court said in 1974 that the Constitution-makers wanted to establish a secular State, and Articles 25 to 28 were included for that purpose |
| Integrity | In the phrase: the unity and integrity of the Nation | The Preamble spoke only of the unity of the Nation before the amendment |
What Do the Added Words Mean?
The Indian brand of socialism is a democratic socialism and not a communistic or state socialism, which involves the nationalisation of all means of production and distribution and the abolition of private property. It holds faith in a mixed economy where the public and private sectors co-exist. The new Economic Policy of 1991 has diluted the socialist credentials of the Indian State.
The Indian Constitution embodies the positive concept of secularism, in which all religions have the same status and support from the State. The word integrity was added to the phrase on fraternity, which assures the dignity of the individual and the unity and integrity of the Nation. The phrase embraces the psychological and territorial dimensions of national integration.
Why Is the 42nd Amendment Called the Mini-Constitution?
The 42nd Amendment Act (1976) is known as the “Mini-Constitution” because of the important and large number of changes it made in various parts of the Constitution. Besides the Preamble, it:
- added Part IV-A, with ten Fundamental Duties;
- added four new Directive Principles;
- made the President bound by the advice of the council of ministers;
- enabled the President to limit the operation of a National Emergency to a specified part of India;
- froze the allocation of Lok Sabha seats to the states, and the division of each state into constituencies, till the year 2000 at the 1971 level; and
- amended Article 368 to declare that there is no limitation on the constituent power of Parliament; the Supreme Court invalidated this provision in the Minerva Mills case (1980), because it excluded judicial review, a basic feature.
The Janata Government that came to power after the Emergency sought to undo many of the changes of the 42nd Amendment through the 43rd and 44th Amendment Acts. The Preamble amendment was not reversed.
Why Is This Topic Important?
- The only change The Preamble has been amended once, and the three added words can be asked directly
- Link to the basic structure The Minerva Mills ruling on the same Act connects the amendment to the basic structure doctrine
What Came Next?
The next topic examines whether the Preamble is a part of the Constitution, which was decided in the Berubari and Kesavananda Bharati cases.
Key People and Terms
- 42nd Amendment Act, 1976 The Mini-Constitution; added Socialist, Secular and Integrity
- Avadi session, 1955 Congress resolution for a socialistic pattern of society
- Minerva Mills case (1980) Struck down the clause that excluded judicial review of amendments
- Integrity Added to the phrase unity and integrity of the Nation
Exam Corner
Points to Remember
- The Preamble has been amended once, in 1976.
- Words added: Socialist, Secular, Integrity.
- The Act is called the Mini-Constitution.
- Added by the same Act: Fundamental Duties (Part IV-A) and four Directive Principles.
- Minerva Mills (1980) invalidated the clause on Article 368.
- The amendment of the Preamble was held valid.
Do Not Confuse With
- Preamble amendment and Article 368 change The Preamble words survived; the Article 368 clause removing limits on amending power was struck down in 1980
- 42nd and 44th Amendments The 42nd was under Indira Gandhi; the 44th, under the Janata Government, undid some of its changes
- Secular and Socialist in practice and in text Both were already present in the Constitution’s content before they were added to the Preamble
Memory Hook
1976, 42nd: Socialist, Secular, Integrity: the only change to the Preamble, made by the Mini-Constitution.
Mains Angle
Questions on the 42nd Amendment usually ask whether the added words changed the Constitution. Use these points to add depth.
- Making the implicit explicit Socialism and secularism were already reflected in the Directive Principles and Articles 25 to 28
- Valid amendment The amendment of the Preamble was held to be valid
- Selective reversal The Janata Government undid many 42nd Amendment changes, but the Preamble words stayed
- Limits on the amending power The clause on Article 368 failed in Minerva Mills, while the Preamble amendment stood
A Question You May Face
An original practice question, not a past paper question.
“The 42nd Amendment Act merely made explicit what was implicit in the Constitution. Examine with reference to the Preamble.”
How to Answer
- Introduction The only amendment to the Preamble and the three words added.
- Position before 1976 Directive Principles for socialism; Articles 25 to 28 and the Supreme Court in 1974 for secularism.
- Other changes The Mini-Constitution and the Minerva Mills ruling.
- Conclusion The words were held valid and have continued.
GS Relevance
Frequently Asked Questions
Which words were added to the Preamble by the 42nd Amendment?
The 42nd Constitutional Amendment Act of 1976 added three words to the Preamble: Socialist, Secular and Integrity. Socialist and Secular now describe the State as a Sovereign Socialist Secular Democratic Republic, and Integrity appears in the phrase unity and integrity of the Nation.
How many times has the Preamble been amended?
The Preamble has been amended only once so far, in 1976, by the 42nd Constitutional Amendment Act. That amendment added the words Socialist, Secular and Integrity, and the amendment was held to be valid. No other amendment has touched the text of the Preamble.
Why is the 42nd Amendment called the Mini-Constitution?
It is known as the Mini-Constitution because of the important and large number of changes it made in various parts of the Constitution, such as adding the Fundamental Duties and four Directive Principles, making ministerial advice binding on the President, and altering Article 368.
Was the socialist idea present before the amendment?
Yes. Even before the term was added, the Constitution had a socialist content in certain Directive Principles, so what was implicit was made explicit. The Congress party had also adopted a resolution for a socialistic pattern of society at its Avadi session in 1955.
Was the secular idea present before the amendment?
Yes. The Supreme Court said in 1974 that although the words secular state were not expressly mentioned, the Constitution-makers wanted to establish such a state, and Articles 25 to 28 guaranteeing freedom of religion were included for that purpose.
What did the Minerva Mills case decide about the 42nd Amendment?
In the Minerva Mills case of 1980 the Supreme Court invalidated the 42nd Amendment clause that declared no limitation on Parliament's constituent power and barred challenge in any court, because it excluded judicial review, which is a basic feature of the Constitution.
Did the Janata Government reverse the Preamble amendment?
No. The Janata Government sought to undo many changes made by the 42nd Amendment through the 43rd and 44th Amendment Acts, but the Preamble amendment was not reversed, and the added words continue to be part of the Preamble.
What does integrity mean in the Preamble?
Integrity was added to the phrase unity and integrity of the Nation, which fraternity assures along with the dignity of the individual. The phrase embraces both the psychological and the territorial dimensions of national integration, and Article 1 underlines that states cannot secede.
PYQ Practice — Statement Analysis
1 The Preamble has been amended only once.
The 42nd Amendment Act (1976) added the words Socialist, Secular and Integrity.
2 The 44th Amendment Act (1978) added the word Secular to the Preamble.
The word was added by the 42nd Amendment Act of 1976.
3 The 42nd Amendment Act added Part IV-A containing the Fundamental Duties.
It also added four Directive Principles.
4 The clause of the 42nd Amendment removing limits on Parliament's amending power was upheld in Minerva Mills.
The Supreme Court invalidated it because it excluded judicial review.
5 Before 1976 the Preamble described the State as Sovereign Democratic Republic only.
The words Socialist and Secular were added in 1976.
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