Question

Consider the following statements regarding the 44th Constitutional Amendment.

1. It reduced the period for parliamentary approval of a national emergency from two months to one month.

2. It abolished the provision for suspending Fundamental Rights under Article 19 during any type of emergency.

3. It restored the term of the Lok Sabha and State Legislative Assemblies to 5 years.

• A. Only 1 and 2
• B. Only 2
• C. Only 2 and 3
• D. All are correct

Answer 1

Answer:

B. Only 2

44th Constitutional Amendment Act, 1978

• Background: This amendment was enacted to undo the excesses of the 42nd Constitutional Amendment Act of 1976, passed during the Emergency. It aimed to restore the balance between fundamental rights and directive principles and to prevent the abuse of emergency powers.
• Key Provisions:
  • Emergency Provisions:
    • Restored the original time limit of one month for the parliamentary approval of a Proclamation of National Emergency. (Statement 1 is incorrect as it states the period was reduced to one month from two months, the actual change was restoring it back to one month from two months).
    • Mandated that the President can proclaim a National Emergency only on the 'written advice' of all the members of the cabinet.
    • Introduced the term 'internal disturbance' in place of 'armed rebellion' for the proclamation of National Emergency, which was later amended back by the 43rd Amendment.
    • Crucially, it restored the suspension of Fundamental Rights under Article 19 during a National Emergency (Article 352). Previously, the 42nd Amendment had allowed for the suspension of all Fundamental Rights under Article 19 during any type of emergency, which was a significant dilution of rights. The 44th Amendment re-linked the suspension of Article 19 rights to only those emergencies proclaimed on the ground of 'war' or 'external aggression'. (Statement 2 is correct).
  • Lok Sabha and State Assemblies Term: Restored the term of the Lok Sabha and State Legislative Assemblies back to 5 years. The 42nd Amendment had extended it to 6 years. (Statement 3 is correct).
  • Other Provisions:
    • Strengthened the powers of the Supreme Court and High Courts regarding judicial review.
    • Made the right to property no longer a fundamental right, but a legal or constitutional right.
• Significance: The 44th Amendment is considered a landmark amendment that significantly strengthened democratic institutions and protected fundamental rights in India by reversing many controversial changes made by the 42nd Amendment.