Question

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

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

2. It abolished the right to property as a fundamental right and placed it under Part XII as Article 300A.

• A. 1 only
• B. 2 only
• C. Both 1 and 2
• D. Neither 1 nor 2

Answer 1

Answer:

C. Both 1 and 2

44th Constitutional Amendment Act, 1978:

• The 44th Amendment Act of 1978 was a significant amendment aimed at rectifying some of the controversial changes introduced by the 42nd Amendment Act, 1976, enacted during the Emergency.

• Restoration of Judicial Review Powers: Statement 1 is correct. This amendment re-empowered the Supreme Court and High Courts to review ordinances issued by the President and Governors, respectively. The 42nd Amendment had severely curtailed these powers.

• Right to Property: Statement 2 is correct. The 44th Amendment removed the 'Right to Property' from the list of Fundamental Rights (Article 31) and made it a legal or constitutional right. It was renumbered as Article 300A, placing it in Part XII of the Constitution under the heading 'Right to Property'. This means it is no longer enforceable under Article 32 as a fundamental right but can be challenged as an illegal act.

• Impact on Fundamental Rights: While the right to property was no longer a fundamental right, the amendment did not abolish it entirely. It was downgraded to a constitutional right, ensuring that the state could acquire private property for public purposes, subject to compensation and legal procedures, without infringing fundamental rights.

• Context and Objectives: The 44th Amendment sought to restore the balance between fundamental rights and Directive Principles of State Policy, and to curb the excesses of governmental power that were perceived during the Emergency. It aimed to strengthen the independence of the judiciary and protect individual liberties.

• Other Key Provisions:

  • It dropped the word 'internal disturbance' from the grounds for declaring a National Emergency (Article 352) and substituted it with 'armed rebellion', requiring the President to be satisfied based on written advice from the Cabinet.

  • It introduced safeguards against the misuse of preventive detention.

  • It restored the quorum for the Lok Sabha and Rajya Sabha to 1/10th of the total membership.

• Significance for Competitive Exams: Understanding the changes brought about by the 44th Amendment is crucial for exams, especially concerning the evolution of Fundamental Rights and the powers of constitutional bodies.