The 42nd Amendment Act, officially the Constitution (Forty-second Amendment) Act, 1976, is a constitutional amendment that is often called the "Mini-Constitution" due to the extensive and widespread changes it brought to the Indian Constitution. It was enacted by the Indian National Congress government led by Indira Gandhi during the controversial period of the Emergency (25 June 1975 – 21 March 1977). The primary objective was to enhance the power of the central government, reduce the influence of the judiciary, and assert the supremacy of Parliament.
The Act works through numerous key provisions, including the amendment of the Preamble to add the words 'Socialist,' 'Secular,' and 'Integrity'. It added a new Part IVA to the Constitution, introducing Article 51A which lays down the Fundamental Duties for citizens. Crucially, it curtailed the power of judicial review for the Supreme Court and High Courts, particularly by amending Article 368 to prevent any constitutional amendment from being "called in question in any Court on any ground". It also made the President bound by the advice of the Council of Ministers by amending Article 74. Furthermore, it transferred five subjects, including Education and Forests, from the State List to the Concurrent List.
The 42nd Amendment is closely connected to the Kesavananda Bharati v. State of Kerala judgment of 1973, which established the 'Basic Structure' doctrine, as the amendment attempted to override this judicial check on Parliament's amending power. The Act has since been significantly changed by the 44th Amendment Act of 1978, which was enacted to reverse many of the controversial provisions, such as restoring the power of judicial review and removing the provision that gave Directive Principles precedence over Fundamental Rights. However, the additions to the Preamble and the Fundamental Duties in Article 51A remain in effect. The Supreme Court later declared the provision preventing judicial review of constitutional amendments unconstitutional in the Minerva Mills v. Union of India judgment of 1980.