On November 2, 1976, the Lok Sabha passed the Constitution (42nd Amendment) Bill by 366 votes to four. Opposition leaders such as Morarji Desai, Charan Singh, Atal Bihari Vajpayee, and LK Advani had been jailed under the Emergency, and the House was sitting on a self-extended term. Indira Gandhi called the amendment “responsive to the aspirations of the people and reflects the realities of the present time and the future.”

Remembered for adding “socialist” and “secular” to the Preamble, the “mini-Constitution” left a far less discussed mark on India’s federal architecture. Today’s Union-state disputes over the National Eligibility cum Entrance Test (NEET), vice-chancellor appointments, and delimitation — all trace back to 1976. The Janata government repaired the Emergency’s damage to civil liberties but left its damage to federalism in place, making the 42nd Amendment the most durable instrument of centralisation in our Constitution.

Acting on the Swaran Singh Committee’s recommendations, the amendment moved five subjects out of the State List. Education (Entry 11) was folded into Entry 25 of the Concurrent List. Forests and the protection of wild animals and birds became Entries 17A and 17B, weights and measures became Entry 33A, and the administration of justice and the constitution of courts below the High Courts became Entry 11A. Entry 2A of the Union........

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