Question

Choose the correct statement(s) regarding the 44th Constitutional Amendment Act:

1. It restored the powers of the Supreme Court and High Courts to conduct judicial review of ordinances issued by the President and Governors.

2. It extended the term of the Lok Sabha and state legislatures from five years to six years.

3. It provided that Articles 20 and 21 cannot be suspended during a national emergency.

How many of the above statements are correct?

• A. Only one
• B. Only two
• C. All three
• D. None of the above

Answer 1

Answer:

B. Only two

44th Constitutional Amendment Act, 1978

• The 44th Amendment Act is a significant amendment that aimed to undo many controversial changes brought about by the 42nd Amendment Act during the Emergency period.
• It played a crucial role in restoring the balance of power between Parliament and the Judiciary.
• Key provisions related to the statements:
  • Statement 1: This statement is incorrect. The 42nd Amendment Act had curtailed the powers of judicial review regarding ordinances. The 44th Amendment Act did not restore these powers in the manner described; rather, it made significant changes to the grounds on which preventive detention could be justified, indirectly affecting judicial review in certain contexts.
  • Statement 2: This statement is correct. The 42nd Amendment Act had extended the term of the Lok Sabha and state legislative assemblies from five to six years. The 44th Amendment Act reversed this, restoring the original term of five years.
  • Statement 3: This statement is correct. The 42nd Amendment Act had allowed the suspension of Articles 20 and 21 (Right to Life and Personal Liberty) during a national emergency. The 44th Amendment Act explicitly stated that these two fundamental rights cannot be suspended, even during a national emergency. This is a crucial safeguard for individual liberties.
• Competitive Exam Focus:
  • The 44th Amendment Act is frequently tested in competitive exams due to its role in safeguarding fundamental rights and restoring judicial powers.
  • Understand the 'undoing' effect of the 44th Amendment on the controversial aspects of the 42nd Amendment.
  • Pay close attention to the specific articles and their provisions that were amended or restored.
  • Memorize the year of the amendment (1978) and its primary objectives.
• Context: The Emergency period (1975-1977) saw significant constitutional changes, many of which were seen as undermining democratic principles. The 44th Amendment Act, passed after the Emergency, was a response to these concerns.