Question

Statement 1: The 44th Amendment Act guaranteed that Fundamental Rights under Articles 20 and 21 cannot be suspended even during a National Emergency.
Statement 2: The 42nd Amendment Act moved the Right to Property from a Fundamental Right to a legal right under Article 300A.

Which of the following statements are true?

• A. Both statements are true
• B. Both statements are false
• C. Only Statement 1 is true
• D. Only Statement 2 is true

Answer 1

Answer:

C. Only Statement 1 is true

Important Constitutional Amendments

• The Indian Constitution has undergone numerous amendments to adapt to changing societal needs and to address judicial interpretations. Two of the most significant amendments are the 42nd and 44th Amendment Acts.

Statement 1: The 44th Amendment Act and Fundamental Rights during Emergency

• The 44th Amendment Act, 1978, is indeed a landmark amendment that significantly limited the power of the Executive to suspend Fundamental Rights during a National Emergency.

• This amendment explicitly guaranteed that the Fundamental Rights under Article 20 and Article 21 cannot be suspended even during a proclamation of National Emergency (under Article 359).

• Article 20 provides protection in respect of conviction for offences (e.g., no ex-post-facto law, no double jeopardy, no self-incrimination).

• Article 21 guarantees the protection of life and personal liberty. These two rights are considered the most essential for individual freedom and dignity.

• This provision was a direct response to the experiences of the National Emergency declared in 1975, during which the suspension of fundamental rights, including Articles 20 and 21, led to widespread criticism regarding human rights violations.

• The 44th Amendment Act aimed to prevent a recurrence of such abuses by safeguarding these core rights.

Statement 2: The Right to Property and Constitutional Amendments

• The statement that the 42nd Amendment Act moved the Right to Property is incorrect.

• It was the 44th Amendment Act of 1978 that abolished the Right to Property as a Fundamental Right.

• Prior to this, the Right to Property was listed as a Fundamental Right under Article 19(1)(f) (freedom to acquire, hold, and dispose of property) and Article 31 (compulsory acquisition of property).

• The constant conflicts between the Parliament and the Judiciary over the right to property, especially concerning land reforms and nationalization, led to its removal from the list of Fundamental Rights.

• The 44th Amendment repealed Article 19(1)(f) and Article 31 and instead inserted a new Article 300A in Part XII of the Constitution.

• Under Article 300A, the Right to Property became a legal right (or constitutional right). This means that a person can be deprived of their property only by the authority of law, and such a law cannot be challenged on the ground of violation of a fundamental right. However, the state still needs to follow due process of law.

• The 42nd Amendment Act, 1976, often called the 'Mini-Constitution,' made extensive changes to the Constitution, including adding the words 'socialist,' 'secular,' and 'integrity' to the Preamble, and adding Fundamental Duties. However, it did not deal with the Right to Property.