44th Amendment of Indian Constitution – Removals Under 44 Constitutional Amendment Act

Table of Contents

1.     What Is 44th Amendment Of Indian Constitution?

2.     44th Amendment Of Indian Constitution Modifications

3.     44th Amendment Act – Right to Detention

4.     Criticism of 44th Amendment Of Indian Constitution

5.     44th Constitutional Amendment UPSC

6.     Relevant Articles, Landmark Judgements, and Statutory Laws

7.     Key Points

8.     MCQs for UPSC Exam Preparation

9.     FAQs on 44th Amendment of Indian Constitution

 

 

What Is 44th Amendment Of Indian Constitution?

The 44th Amendment of the Indian Constitution, introduced by the Janata Party government in 1978, aimed to undo various provisions introduced by the 42nd Amendment Act enacted during the Emergency period by the Indian National Congress. The 44th Amendment Act was a significant step to restore the constitutional structure and prevent future misuse of power.

 

Key Highlights

• Introduced By: Shanti Bhushan, Minister of Law, Justice, and Company Affairs.
• Passed By: Janata Party-led government.
• Purpose: To nullify several provisions added by the 42nd Amendment Act and restore constitutional balance.

 

 

44th Amendment Of Indian Constitution Modifications

The 44th Amendment sought to amend, substitute, and omit various articles of the Constitution. The detailed modifications are given below:

 

Article 368 Revisions

• Any changes to the Constitution's basic structure must be approved by the electorate via a referendum with at least 51% of the votes.

 

Removals

• Article 31 and Article 300-A: The right to property was removed from the list of fundamental rights and promoted to the status of a legal right.
• Article 31: Dealing with the compelled acquisition of property was discontinued.

 

Emergency Declaration

• The President can declare an emergency only in cases of war, external aggression, or armed rebellion, and only on the written advice of the Cabinet.
• Internal disturbances were removed as grounds for declaring an emergency.

 

 

44th Amendment Act – Right to Detention

• Preventive detention laws cannot authorize detention for more than three months unless an Advisory Board reports sufficient cause for such detention.
• Strengthened the right to liberty by imposing stricter conditions on preventive detention.

 

Freedom of Press

• Ensured the media's right to report freely and uncensored on proceedings in Parliament and state legislatures.

 

 

Criticism of 44th Amendment Of Indian Constitution

• Parliament retains the authority to propose constitutional amendments without a special body like a Constitutional Convention.
• A significant portion of the Constitution can be amended by Parliament alone, either by a special or simple majority.

 

 

44th Constitutional Amendment UPSC

Aspirants preparing for UPSC must study the 44th Amendment comprehensively to understand its impact on the Indian political and legal landscape. It is crucial to practice previous year papers and understand the type of questions asked.

 

 

Relevant Articles, Landmark Judgements, and Statutory Laws

Articles Amended

• Article 31: Right to Property
• Article 368: Amendment of the Constitution
• Article 74: Council of Ministers to aid and advise the President

 

Landmark Judgements

• Minerva Mills Ltd. v. Union of India (1980): Reaffirmed the basic structure doctrine and invalidated some provisions of the 42nd Amendment.

 

Statutory Laws

• The Constitution (Forty-fourth Amendment) Act, 1978

 

Key Points

• Significance: Restored the balance of power and provided protections against future misuse of constitutional provisions.
• Objective: Undo changes made by the 42nd Amendment and restore fundamental rights and judicial powers.
• Impact: Strengthened democratic principles and civil liberties.

 

 

MCQs for UPSC Exam Preparation

1.     Which right was removed from the list of fundamental rights by the 44th Amendment Act?

(a) Right to Equality

(b) Right to Property

(c) Right to Freedom

(d) Right to Constitutional Remedies

 

Answer: (b) Right to Property

 

2.     Who introduced the 44th Amendment Act in the Indian Parliament?

(a) Indira Gandhi

(b) Morarji Desai

(c) Shanti Bhushan

(d) Rajiv Gandhi

 

Answer: (c) Shanti Bhushan

 

3.     The 44th Amendment Act modified which Article to remove the internal disturbances clause for declaring an emergency?

(a) Article 352

(b) Article 368

(c) Article 74

(d) Article 51A

 

Answer: (a) Article 352

 

4.     Which Prime Minister was in office when the 44th Amendment Act was passed?

(a) Indira Gandhi

(b) Morarji Desai

(c) Lal Bahadur Shastri

(d) Rajiv Gandhi

 

Answer: (b) Morarji Desai

 

5.     Which Amendment Act aimed to undo the changes made by the 42nd Amendment?

(a) 73rd Amendment Act

(b) 86th Amendment Act

(c) 44th Amendment Act

(d) 52nd Amendment Act

 

Answer: (c) 44th Amendment Act

 

6.     What was the primary aim of the 44th Amendment Act?

(a) To extend the term of the Lok Sabha

(b) To restore the Constitution to its pre-Emergency state

(c) To increase the powers of the President

(d) To introduce Fundamental Duties

 

Answer: (b) To restore the Constitution to its pre-Emergency state

 

7.     Which Article was introduced by the 44th Amendment to protect against arbitrary property acquisition?

(a) Article 300-A

(b) Article 31

(c) Article 51A

(d) Article 74

 

Answer: (a) Article 300-A

 

8.     The 44th Amendment Act required the periodic review of which constitutional provision?

(a) Fundamental Rights

(b) Emergency Declaration

(c) President's Powers

(d) Directive Principles of State Policy

 

Answer: (b) Emergency Declaration

 

9.     Which of the following amendments was passed to strengthen the right to liberty and prevent misuse of preventive detention?

(a) 73rd Amendment

(b) 42nd Amendment

(c) 44th Amendment

(d) 86th Amendment

 

Answer: (c) 44th Amendment

 

10.                        What was a significant change brought about by the 44th Amendment regarding the Right to Property?

(a) It was declared a fundamental right

(b) It was removed as a fundamental right and made a legal right

(c) It was combined with the Right to Freedom

(d) It was made non-justiciable

 

Answer: (b) It was removed as a fundamental right and made a legal right

 

 

FAQs on 44th Amendment of Indian Constitution

What is 44th Amendment of Indian Constitution?

The 44th Amendment was introduced to nullify the provisions of the 42nd Amendment and restore constitutional balance. It focused on limiting the powers of the government during an emergency and restoring the judiciary's power.

 

Which of the following has been omitted from the list of liberties by the 44th Amendment Act 1978?

The right to acquire, hold, and dispose of property was removed from the list of personal liberties under Article 19.

 

Who was the PM of India during the 44th Amendment of Indian Constitution?

Morarji Desai was the Prime Minister of India when the 44th Amendment Act was passed.

 

What changes were made by the 44 Amendment Of Indian Constitution concerning emergency provisions?

The 44th Amendment mandated a six-month review of the emergency declaration and required new parliamentary approval for its continuation.

 

Why is the 44th Amendment important?

The 44th Amendment is crucial as it provided safeguards against the misuse of emergency powers and restored the balance of power between the executive, legislature, and judiciary.

 

When was 44th Amendment of Indian Constitution introduced?

The 44th Amendment was introduced in 1978.

 

What were the 44th amendment of Indian Constitution removals?

The 44th Amendment removed the right to property from the list of fundamental rights and nullified the President's power to declare an emergency in case of internal disturbances.