Question

Consider the following statements concerning the 42nd and 44th Amendment Acts:

1. The 42nd Amendment Act empowered the President to declare a state of emergency in a specific part of India.

2. The 44th Amendment Act restored the provision for quorum in Parliament, which had been abolished by the 42nd Amendment Act.

3. The 42nd Amendment Act substituted the ground of 'internal disturbance' with 'armed rebellion' for the declaration of a National Emergency.

Which of the statements given above is/are correct?

• A. 1 and 2 only
• B. 2 and 3 only
• C. 1 and 3 only
• D. 1, 2 and 3

Answer 1

Answer:

A. 1 and 2 only

42nd and 44th Amendment Acts

• The 42nd Constitutional Amendment Act, 1976, often dubbed the "Mini Constitution", was enacted during the National Emergency (1975-1977) by the Indira Gandhi government. It brought about significant and sweeping changes to the Indian Constitution, strengthening the central government's powers.

• The 44th Constitutional Amendment Act, 1978, was enacted by the Janata Party government (led by Morarji Desai) primarily to reverse many of the changes introduced by the 42nd Amendment and to prevent the recurrence of the excesses observed during the Emergency.

Statement 1: Emergency in a specific part of India

• The 42nd Amendment Act (1976) amended Article 352 (Proclamation of Emergency) of the Constitution.

• It explicitly empowered the President to declare a National Emergency in respect of the whole of India or such part of the territory of India as may be specified in the Proclamation.

• Prior to this amendment, a National Emergency had to be declared for the entire country. This change allowed for a more localized imposition of emergency provisions, which could be less disruptive nationally.

Statement 2: Restoration of Quorum in Parliament

• The 42nd Amendment Act (1976) had made a provision that allowed Parliament to determine its own quorum by law. This effectively diluted the mandatory quorum requirement specified in Article 100(3) of the Constitution.

• The 44th Amendment Act (1978) restored the original provision of Article 100(3).

• This ensures that the quorum to constitute a meeting of either House of Parliament shall be one-tenth of the total number of members of the House, thereby preventing sessions from being conducted without sufficient attendance.

Statement 3: Change in Ground for National Emergency

• The 42nd Amendment Act did not substitute 'internal disturbance' with 'armed rebellion'.

• It was the 44th Amendment Act (1978) that made this crucial change.

• The term "internal disturbance" was considered too vague and was widely criticized for its misuse in declaring the 1975 Emergency.

• The 44th Amendment substituted it with the more specific and grave ground of "armed rebellion" in Article 352, making it harder for a government to impose an Emergency based on arbitrary grounds.

Other Significant Points for Competitive Exams:

• 42nd Amendment (1976):

  • Added the words "Socialist", "Secular", and "Integrity" to the Preamble.

  • Added Part IVA (Fundamental Duties) to the Constitution.

  • Made the President bound by the advice of the Council of Ministers.

  • Extended the duration of Lok Sabha and state legislative assemblies from 5 to 6 years (later reversed by 44th Amendment).

  • Curtailed the power of judicial review of High Courts and the Supreme Court.

• 44th Amendment (1978):

  • Restored the duration of Lok Sabha and state legislative assemblies to 5 years.

  • Made the President declare a National Emergency only on the written recommendation of the Union Cabinet.

  • Removed the Right to Property from the list of Fundamental Rights and made it a legal right under Article 300A.

  • Provided that Fundamental Rights guaranteed by Articles 20 and 21 (protection in respect of conviction for offences and protection of life and personal liberty) cannot be suspended even during a National Emergency