Swaran Singh Committee

The Swaran Singh Committee, formally known as the Committee on the Amendment of the Constitution (1976), was appointed by the Government of India during the period of internal emergency (1975–77) to recommend constitutional changes aimed at strengthening the central government and streamlining the functioning of the Indian polity. Named after Sardar Swaran Singh, a senior Congress leader and former Union Minister, the committee played a significant role in shaping some of the provisions later incorporated into the 42nd Constitutional Amendment Act, 1976, often described as the “Mini-Constitution” of India.

Background

In June 1975, a state of Emergency was declared in India under Article 352 due to internal disturbances. The government led by Prime Minister Indira Gandhi suspended certain civil liberties and introduced various political and administrative reforms. Within this context, it was decided to undertake a comprehensive review of the Constitution to ensure what the government termed greater discipline, stability, and national unity.
To achieve this objective, the Swaran Singh Committee was constituted in February 1976. It was tasked with examining the operation of the Constitution and suggesting amendments to make it more effective in achieving socio-economic justice, ensuring stronger national integration, and reinforcing the directive principles of state policy.

Composition of the Committee

The committee was chaired by Sardar Swaran Singh, one of India’s most experienced statesmen who had served as the country’s Foreign Minister and Defence Minister. It comprised several senior members of the ruling Indian National Congress and constitutional experts. Though primarily political in composition, the committee was expected to undertake a legal and structural analysis of the Constitution from the perspective of governance and national development.

Objectives of the Committee

The main objectives for which the committee was constituted included:

• Reviewing the working of the Constitution since its commencement in 1950.
• Identifying provisions that required amendment for the efficient functioning of the political system.
• Suggesting measures to strengthen the central government vis-à-vis the states to ensure unity and stability.
• Proposing ways to emphasise the duties of citizens alongside their fundamental rights.
• Recommending legal and institutional reforms to achieve the goals of the Directive Principles of State Policy (DPSPs).

Major Recommendations

The Swaran Singh Committee made a number of recommendations aimed at revising the constitutional framework. Some of its most significant suggestions were:

1. Inclusion of Fundamental Duties: The committee proposed that citizens should be made aware of their obligations toward the nation and society. It recommended the inclusion of a list of Fundamental Duties in the Constitution to remind citizens of their responsibilities in safeguarding national unity, integrity, and discipline.
2. Strengthening Directive Principles: The committee suggested that Directive Principles of State Policy should be given precedence over Fundamental Rights wherever possible, especially in promoting socio-economic reforms. This was intended to accelerate the implementation of welfare policies.
3. Restriction on Judicial Review: It proposed curbing the powers of the judiciary to review constitutional amendments and certain legislative actions, particularly those aimed at fulfilling Directive Principles.
4. Provisions for National Integration: The committee recommended inserting provisions to protect national unity, penalise activities threatening the sovereignty or integrity of India, and empower the central government to deal effectively with secessionist movements.
5. Strengthening the Central Government: It suggested increasing the centralisation of powers, enabling the Union government to act decisively in matters of national importance, especially during emergencies.
6. Amendments Relating to Emergency Provisions: The committee reviewed the Emergency provisions to make them more coherent and effective. It recommended continuing certain emergency powers but ensuring that misuse would be minimal through clearer procedural safeguards.
7. Simplification of the Amending Procedure: The committee proposed simplifying the constitutional amendment process to make it more flexible and responsive to changing national needs.
8. Provision for Anti-National Activities: It recommended inserting provisions to prevent misuse of freedom of speech and association for anti-national or seditious purposes.
9. Directive Principles Relating to Environment and Justice: The committee advised the addition of new Directive Principles promoting environmental protection, justice for workers, and equal pay for equal work.
10. No Curtailment of Fundamental Rights Without Justification: While the committee proposed certain restrictions on rights, it did not support their complete suspension and recommended that reasonable limitations be clearly defined.

Implementation Through the 42nd Amendment Act, 1976

Although the Swaran Singh Committee’s recommendations were advisory, the government accepted many of its proposals and incorporated them into the Constitution (42nd Amendment) Act, 1976. Key outcomes based on its recommendations included:

• The insertion of Part IV-A (Articles 51A), introducing Ten Fundamental Duties of citizens.
• The enhancement of the Directive Principles, including new provisions such as the promotion of equal justice, protection of the environment, and free legal aid.
• Provisions that gave precedence to Directive Principles over certain Fundamental Rights (Article 31C expanded).
• Empowerment of the Parliament in matters relating to the Union and its territories.
• Curtailment of the powers of the Supreme Court and High Courts regarding judicial review.
• Extension of the tenure of the Lok Sabha and State Legislative Assemblies from five to six years.

However, not all of the committee’s suggestions were implemented. Some were modified or diluted during the legislative process, and several provisions introduced by the 42nd Amendment were later repealed or amended by the 44th Amendment Act of 1978, after the Emergency ended.

Significance of the Committee

The Swaran Singh Committee was a turning point in India’s constitutional history for several reasons:

• It marked the first comprehensive review of the Constitution since its adoption.
• It reflected the ruling government’s attempt to strengthen the executive and central authority during a period of political instability.
• It introduced the concept of Fundamental Duties, which remains an enduring contribution to the Indian constitutional framework.
• It triggered a broader debate about the balance between individual rights and collective responsibilities, and the separation of powers among the legislature, executive, and judiciary.

Criticism

The committee and the subsequent amendments based on its recommendations have faced widespread criticism:

• Many viewed its work as politically motivated, designed to concentrate power in the central government and weaken democratic institutions.
• Its recommendations were made during the Emergency, when political dissent was suppressed, leading to questions about the legitimacy of its process.
• The emphasis on duties over rights was seen by some as contrary to the spirit of the Constitution, which prioritised liberty and justice.
• Critics argued that the erosion of judicial independence and reduction of checks and balances posed risks to democracy.

Lasting Legacy

Despite the controversies, the Fundamental Duties introduced on the basis of the committee’s recommendations remain a significant constitutional innovation. They serve as moral obligations, encouraging citizens to uphold national unity, protect public property, and promote harmony.
The Swaran Singh Committee thus occupies a unique place in India’s constitutional development. While its legacy is intertwined with the political turbulence of the Emergency, its introduction of citizen duties and the reinforcement of Directive Principles continue to influence civic education, public policy, and legal interpretation.