Question

Which of the following statements are correct regarding the 44th Constitutional Amendment Act?

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

ii. It added Article 300A, placing the right to property under Part XII.

iii. It removed the word "internal disturbance" as a ground for declaring a national emergency.

iv. It abolished the provision for a joint sitting of Parliament for constitutional amendments.

• A. i, ii, and iii only
• B. i, iii, and iv only
• C. ii and iii only
• D. All are correct

Answer 1

Answer:

A. i, ii, and iii only

44th Constitutional Amendment Act, 1978

• Restoration of Lok Sabha and State Assembly Term:

  • This amendment reverted the term of the Lok Sabha and State Legislative Assemblies back to 5 years.

  • Prior to this, the 42nd Amendment Act (1976) had extended the term to 6 years.

• Right to Property:

  • Article 300A was inserted, making the right to property a legal right instead of a fundamental right.

  • This moved the right from Part III (Fundamental Rights) to Part XII (Finance, Property, Contracts and Suits) of the Constitution.

  • The right to property was originally a fundamental right under Article 31.

• National Emergency Provisions:

  • The ground of 'internal disturbance' for declaring a national emergency (under Article 352) was replaced with 'armed rebellion'.

  • This was done to prevent misuse of emergency powers.

  • The President can proclaim a national emergency only on the basis of a written request from the Cabinet.

  • Parliamentary approval for national emergency was also modified to require a special majority (two-thirds of the members present and voting).

• Abolition of Joint Sittings for Constitutional Amendments:

  • The provision for a joint sitting of Parliament for amending the Constitution was not abolished by the 44th Amendment. This statement is incorrect.

  • Constitutional Amendment Bills cannot be amended, and there is no provision for a joint sitting in case of disagreement between the two Houses on such bills.

• Other Significant Changes:

  • Strengthened the powers of the President regarding the reconsideration of advice by the Cabinet.

  • Provided for the declaration of President's Rule on grounds of breakdown of constitutional machinery in states.

  • Made the Directive Principles of State Policy more effective.

The 44th Amendment Act is considered a significant corrective measure to the excesses of the 42nd Amendment Act, aiming to restore democratic principles and prevent the abuse of constitutional powers.