Question

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

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

ii. It abolished the right to property as a Fundamental Right and included it under Part XII as Article 300A.

• A. Only i
• B. Only ii
• C. Both i and ii
• D. Neither i nor ii

Answer 1

Answer:

C. Both i and ii

44th Constitutional Amendment Act, 1978

• This amendment is significant as it aimed to undo many of the changes brought about by the 42nd Constitutional Amendment Act, 1976, which was enacted during the Emergency.
• Restoration of Judicial Review Powers:
  • Statement (i) is correct. The 44th Amendment reversed the provisions of the 42nd Amendment that had restricted the power of the High Courts and the Supreme Court to review ordinances.
  • Specifically, it ensured that the High Courts could issue writs not only for the enforcement of Fundamental Rights but also for other purposes, and that the Supreme Court could also exercise its writ jurisdiction more broadly.
• Right to Property:
  • Statement (ii) is also correct. The 44th Amendment Act removed the Right to Property from the list of Fundamental Rights (Article 31) and made it a legal or constitutional right.
  • It was shifted to Part XII of the Constitution and inserted as Article 300A, stating that no person shall be deprived of his property save by authority of law.
  • Background: The Right to Property was originally a Fundamental Right under Article 19(1)(f) and Article 31. It was first made subject to reasonable restrictions and then removed from the Fundamental Rights by this amendment. This move was intended to facilitate land reforms and socio-economic development without constant challenges on grounds of fundamental rights.
  • Impact: This change meant that the government could acquire private property for public purposes more easily, subject to compensation determined by law, but without the stringent procedural safeguards associated with Fundamental Rights.
• Other Key Changes Introduced by the 44th Amendment Act:
  • Restored the original term of five years for the Lok Sabha and State Legislative Assemblies, which had been extended to six years by the 42nd Amendment.
  • Made it more difficult to declare a National Emergency (Article 352) by requiring the 'written' recommendation of the Cabinet to the President.
  • Provided that the President shall not issue a Proclamation of National Emergency unless the President is satisfied that a grave emergency exists whereby the security of India is threatened by war or external aggression or armed rebellion.
  • Ensured that the Proclamation of National Emergency could be revoked by a subsequent Proclamation.
  • Provided safeguards against the misuse of President's Rule (Article 356).