📚 Part of: Indian Air Force And Ancient Indian History Mcqs

Which is known as mini constitution?

Category: Miscellaneous Indian Gk

Correct Answer: B) 42nd amendment.

Exam Relevance: UPSC Civil Services, CLAT, State PSC, Law Entrance Exams

Difficulty: Moderate

Concept notes:

The 42nd Amendment to the Indian Constitution, enacted in 1976, is often referred to as the "Mini Constitution" due to its extensive changes to the original document. It introduced significant alterations to the fundamental rights, directive principles, and the relationship between the central and state governments.

Common Mistakes:
  • Confusing the 42nd Amendment with other significant amendments like the 44th or 46th.
  • Believing that the term "Mini Constitution" applies to any major amendment, not specifically the 42nd.
  • Overlooking the historical context of the Emergency period during which the 42nd Amendment was passed.
Explanation:

The 42nd Amendment to the Indian Constitution, enacted in 1976, is often referred to as the "Mini Constitution" due to its extensive and far-reaching changes to the original document. This amendment was passed during the Emergency period under the leadership of Prime Minister Indira Gandhi, and it introduced significant alterations to the fundamental rights, directive principles, and the relationship between the central and state governments.

The 42nd Amendment made several key changes:

1. **Fundamental Rights**: It curtailed some of the fundamental rights, particularly the right to property, which was removed from the list of fundamental rights and placed in the ordinary legal framework.

2. **Directive Principles**: It strengthened the directive principles of state policy, making them more binding on the government.

3. **Federal Structure**: It altered the federal structure of the country by giving more powers to the central government, particularly in the areas of planning and development.

4. **Emergency Provisions**: It extended the duration of the President's rule in states and made it easier for the central government to impose emergency rule.

5. **Judicial Review**: It limited the power of the judiciary to review certain laws and actions of the government.

The term "Mini Constitution" is used because the 42nd Amendment was so comprehensive and transformative that it effectively rewrote a significant portion of the original Constitution. It was a response to the political and social conditions of the time, particularly the Emergency period, and aimed to consolidate the power of the central government.

Subsequent amendments, such as the 44th Amendment, partially reversed some of the changes made by the 42nd Amendment, particularly in relation to fundamental rights and the restoration of some of the powers of the judiciary. However, the 42nd Amendment remains a landmark in the history of the Indian Constitution due to its extensive and transformative nature.

Understanding the 42nd Amendment is crucial for students of Indian history and law, as it provides insight into the political and constitutional dynamics of the 1970s and the ongoing balance between central and state powers in India.

Option Analysis:
  • Option A: Incorrect. The 44th Amendment, while significant, did not earn the title "Mini Constitution." It primarily focused on restoring some of the rights and freedoms curtailed by the 42nd Amendment and made changes to the election process and anti-defection laws.
  • Option B: Correct. The 42nd Amendment is known as the "Mini Constitution" because it made extensive changes to the Indian Constitution, including altering the fundamental rights, directive principles, and the relationship between the central and state governments. It was passed during the Emergency period and significantly altered the constitutional framework.
  • Option C: Incorrect. The 43rd Amendment, while important, did not earn the title "Mini Constitution." It primarily focused on amending the 42nd Amendment, particularly in relation to the Fundamental Rights and the Directive Principles of State Policy.
  • Option D: Incorrect. The 46th Amendment, while significant, did not earn the title "Mini Constitution." It primarily focused on the election of the President and Vice-President and the disqualification of members of Parliament and state legislatures.

Mnemonic: 42nd Amendment: "Mini-Constitution"

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