Question

Regarding the key changes introduced by the 44th Constitutional Amendment Act, 1978, consider the following:

i. It made it compulsory for the President to give assent to a constitutional amendment bill.
ii. It restored the original five-year term for the Lok Sabha and State Legislative Assemblies.
iii. It empowered the President to send back the advice of the Cabinet for reconsideration once.

Which of the above statements is/are correct?

• A. i and ii
• B. ii and iii
• C. i and iii
• D. i, ii and iii

Answer 1

Answer:

B. ii and iii

The 44th Constitutional Amendment Act, 1978: A Post-Emergency Reform

• The 44th Constitutional Amendment Act was enacted in 1978 by the Janata Party government, led by Prime Minister Morarji Desai. This amendment was a significant legislative effort aimed at undoing many of the changes introduced by the 42nd Constitutional Amendment Act, 1976, which was passed during the Emergency period (1975-1977) and is often referred to as a 'Mini-Constitution'.

Key Provisions and Their Impact:

• Restoration of Term for Lok Sabha and State Assemblies:
  • The 42nd Amendment Act (1976) had extended the term of the Lok Sabha and State Legislative Assemblies from five years to six years.
  • The 44th Amendment Act (1978) reversed this change, thereby restoring the original five-year term for both the Lok Sabha and the State Legislative Assemblies. This was a crucial step towards re-establishing parliamentary democracy and accountability.
• President's Power to Reconsider Cabinet Advice:
  • The 42nd Amendment Act (1976) had made it mandatory for the President to act in accordance with the aid and advice of the Council of Ministers, thus making the President a mere rubber stamp.
  • The 44th Amendment Act (1978) empowered the President to send back the advice of the Cabinet for reconsideration, but only once. After such reconsideration, the President is bound to act in accordance with the advice tendered. This provision (Article 74) introduced a limited but significant discretionary power for the President, allowing for a check on hasty or potentially problematic executive decisions.
• Right to Property:
  • One of the most significant changes was the abolition of the Right to Property (Article 31 and Article 19(1)(f)) as a Fundamental Right.
  • It was made a legal right (Constitutional Right) under a new Article 300A in Part XII of the Constitution. This ensured that while property rights were protected by law, they could be regulated more easily by the state for public welfare.
• National Emergency Provisions:
  • The amendment sought to prevent the misuse of emergency powers, which was a major criticism of the Emergency of 1975.
  • It replaced the term 'internal disturbance' with 'armed rebellion' as a ground for proclaiming a National Emergency (Article 352).
  • It made it mandatory for the President to proclaim an emergency only on the written recommendation of the Union Cabinet.
  • It also introduced procedural safeguards related to the duration and parliamentary approval of emergency proclamations.
• Constitutional Amendment Bill Assent:
  • It is important to note that the provision making it compulsory for the President to give assent to a constitutional amendment bill was introduced by the 24th Constitutional Amendment Act, 1971, not the 44th Amendment. The 24th Amendment removed the President's power to withhold assent from a constitutional amendment bill.
• Other Key Changes:
  • Restored the constitutional provisions regarding the quorum in Parliament and State Legislatures.
  • Restored the original provisions related to parliamentary privileges.
  • Omitted the provision that empowered the Parliament to make laws to deal with anti-national activities.
  • Provided for the constitutional protection of reports of proceedings of Parliament and State Legislatures published in newspapers.