Advocatetanmoy Law Library
41. The Constitution (Forty-first Amendment) Act, 1976—By this Act, Article 316 was amended to raise the retirement age of Members of State Public Service Commissions and Joint Public Service Commissions from 60 to 62 years.
42. The Constitution (Forty-second Amendment) Act, 1976—This act made a number of important amendments in the Constitution. These amendments were mainly for purpose of giving effect to the recommendations of Swaran Singh Committee.
Some of the important amendments made are for the purpose of spelling out expressly the high ideals of socialism, secularism and the integrity of the nation, to make the Directive Principles more comprehensive and giving them precedence over those Fundamental Rights which have been allowed to be relied upon to frustrate socio-economic reforms. The amendment Act also inserted a new chapter on the Fundamental Duties of citizens and made special provisions for dealing with antinational activities, whether by individuals or by associations. The judiciary provisions were also amended by providing for a requirement as to the minimum number of judges for determining question as to the constitutional validity of law and for a special majority of not less than two-third for declaring any law to be constitutionally invalid.
To reduce the mounting arrears in High Courts and to secure the speedy disposal of service matters, revenue matters and certain other matters of special importance in the context of socioeconomic development and progress, this amendment Act provided for the creation of Administrative and other tribunals for dealing with such matters while preserving the jurisdiction of the Supreme Court in regard to such matters under Article 136 of the Constitution. Certain modifications in the writ jurisdiction of High Courts under Article 226 were also made.
