Question

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

i. It restored the term of the Lok Sabha and State Legislative Assemblies to 5 years from 6 years.

ii. It ensured that Articles 20 and 21 cannot be suspended during a national emergency.

iii. It introduced the Goods and Services Tax (GST) Council to streamline taxation.

• A. Only i and ii
• B. Only i and iii
• C. Only ii and iii
• D. All are correct

Answer 1

Answer:

A. Only i and ii

Key aspects of the 44th Constitutional Amendment Act, 1978:

• Restoration of Lok Sabha and State Assembly Term: This amendment reversed the decision of the 42nd Amendment Act, which had extended the term of Lok Sabha and State Legislative Assemblies from 5 to 6 years. The 44th Amendment restored the original term of 5 years for both. This aimed to prevent the indefinite extension of governments and ensure regular democratic processes.
• Protection of Fundamental Rights: A significant provision of the 44th Amendment was to safeguard certain fundamental rights. It made it clear that the right to life and personal liberty (Article 21) and the right against exploitation (Article 23) cannot be suspended even during a national emergency. This was a crucial step to prevent the misuse of emergency powers.
• Emergency Provisions: The amendment introduced safeguards regarding the declaration of national emergency. It mandated that the President can declare a national emergency only on the written recommendation of the Cabinet. It also required that any such proclamation must be laid before each House of Parliament and could be revoked by a subsequent proclamation or by a resolution passed by Parliament.
• Distinction between Internal Disturbance and Armed Rebellion: The 44th Amendment replaced the term 'internal disturbance' with 'armed rebellion' in the context of grounds for declaring a national emergency (Article 352). This aimed to restrict the scope for declaring an emergency and prevent its arbitrary use.
• Other Provisions: The amendment also addressed issues like the quorum for meetings of Parliament and State Legislatures, and the powers of the President to send back advisory messages to the Cabinet.
• Goods and Services Tax (GST): The Goods and Services Tax (GST) Council was introduced by the 101st Constitutional Amendment Act, 2016, not the 44th Amendment. This council is a constitutional body that oversees GST in India.