The 42nd Amendment Act, 1976, officially the Constitution (Forty-second Amendment) Act, 1976, is a constitutional amendment that is often called the 'Mini-Constitution' due to its extensive and wide-ranging changes to the Indian Constitution. It was enacted during the period of the Emergency (1975–1977) by the Indian National Congress government led by Prime Minister Indira Gandhi, with the aim of strengthening the central government and curtailing the powers of the judiciary. The Act was assented to on December 18, 1976, and most provisions came into effect on January 3, 1977.
The Act introduced several key provisions, including the addition of the words 'Socialist,' 'Secular,' and 'Integrity' to the Preamble. It inserted Part IV-A into the Constitution, which contains Article 51A and lays down 10 Fundamental Duties for citizens, based on the recommendations of the Swaran Singh Committee. The amendment also transferred five subjects, such as Education and Forests, from the State List to the Concurrent List in the Seventh Schedule, increasing the Centre's legislative power. Furthermore, it made the President bound by the advice of the Council of Ministers by amending Article 74(1).
The Act is intrinsically connected to the 44th Amendment Act, 1978, which was enacted by the post-Emergency Janata Party government to reverse many of its controversial provisions. The 44th Amendment restored the term of the Lok Sabha and State Legislative Assemblies from six years back to five years, reversing the change made in Articles 83 and 172. Additionally, the Supreme Court in Minerva Mills v. Union of India (1980) declared two provisions of the 42nd Amendment unconstitutional, including the one that prevented judicial review of constitutional amendments. However, the additions to the Preamble and the Fundamental Duties in Article 51A remain in force.