DMPQ: 44th Amendment Act 1978, not just reversed the distorted provisions of 42nd Constitutional Amendment Act 1976, but also inserted some safeguards for preventing the gross misuse of power. In the light of above statement, outline the important changes brought through 44th Amendment act.

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The 44th amendment to the Indian Constitution was passed after the revocation of internal emergency in 1977. It annulled many anti-democratic provisions of the 42nd amendment enacted during the emergency. It also tried to ensure that in future, an emergency would not be easily imposed, also added some features to prevent any future misuse of power.

Important changes made are as follows-

  • Article 20 & Article 21 will be never suspended even during emergency and other fundamental rights won’t suspend automatically, it needs separate order by president.
  • Proclamation of Emergency requires “written advise” of the cabinet and not the prime minister alone.
  • Proclamation of Emergency has to be approved within one month of the reassembly of Parliament.
  • Term ‘Internal disturbances’ was replaced with ‘armed rebellion’ as a cause for imposing emergency.
  • Special Session of Lok Sabha can be called if 1/10 member request the President for the purpose of revoking the emergency. Revoking of emergency can be done by simple majority.
  • President allowed to return once the advice tendered by the Council of Ministers for their review.
  • Restored the term of Lok Sabha and State Legislative Assembly to original terms (i.e 5 Years )
  • Emergency Provisions are made subject to challenge in court and also made certain procedural safeguards with respect to national emergency and President’s rule.
  • Deleted the provision which made the satisfaction of the President, Governor and administrators final issuing ordinances.
  • Omitted the provisions which took away the power of court to decide the election disputes of the president, Prime-minister, the speaker etc.
  • Article 31, the Right to Property taken out of Fundamental Rights.

 

 

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