44th Amendment Of Indian Constitution- Modifications, 44th Constitutional Amendment Removals

By K Balaji|Updated : November 13th, 2022

The enactment of the 44th Amendment of Indian Constitution provided requisite protection against the repetitiveness of the transient majority's tendency to take over fundamental rights in the future. The 44th Amendment of Indian Constitution also nullified several provisions added to the Constitution as new articles or amendments by the 42nd Amendment Act.

The 44th Amendment of Indian Constitution Act was passed by the Janata Party. They made a mark by winning the general election in 1977. They were conducting the campaigns on a promise to "restore the Constitution to the condition it was in before the Emergency". The 44th amendment of Indian Constitution desired to undo various changes made by the 42nd Amendment, which had been legislated by the Indian National Congress led by Indira Gandhi during the Emergency. The 44th Amendment was brought forth by Shanti Bhushan.

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What Is 44th Amendment Of Indian Constitution?

The insertion of the 44 Amendment of Indian Constitution was facilitated by the 45th Amendment Bill in 1978. The introduction of the 44th Constitutional Amendment Act was to nullify various provisions that got revised against the will of the citizens in the 42nd Amendment Act.

  • 44th amendment act was introduced by Shanti Bhushan, Minister of Law, Justice, and Company Affairs.
  • The 44 constitutional amendment act was enacted following the provisions of Article 368 of the Constitution. It was approved by more than half of the State Legislatures, including Andhra Pradesh, Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Madhya Pradesh, etc.

44th Amendment Of Indian Constitution Modifications

The 44th Amendment Of Indian Constitution sought to amend many articles, substitute new articles for articles 71, 103, and 192, and omit a few articles of the Constitution. The detailed modifications are given below.

Article 368 Revisions Under 44th Constitutional Amendment

Any changes to the Indian Constitution's basic structure are effective only when the Indian people approve via a majority of votes cast in a referendum by at least 51% of the electorate.

44th Amendment Act - Removals

The 44 Amendment Act of 1978 overturns the provision of the 42nd Amendment Act that allows the government to rewrite the Constitution on its initiative via Article 368. The Act rendered the government's unjustified power null and void.

Article 31 and 300-A

The property right was removed from the list of fundamental rights and promoted to the status of a legal right. Article 31 of the Constitution, which deals with the compelled acquisition of property, has been discontinued.

Emergency Declaration in 44th Amendment Of Indian Constitution

The Indian President can declare an emergency only if the country's security is at peril by attacks which may be in the form of war, external aggression, or armed rebellion from foreign countries when the cabinet appeals to him in writing. They cannot declare an emergency in times of internal strife as it doesn't qualify as an armed rebellion.

44th Amendment Act - Right to Detention

The 44th Amendment Act 1978 strengthens the right to liberty by providing that preventive detention law cannot authorize detention for more than three months unless an Advisory Board reports sufficient cause for such arrest.

Freedom of Press

The media has the right to report freely and uncensored on proceedings in Parliament and state legislatures.

Criticism of 44th Amendment Of Indian Constitution

Parliament has the authority to propose constitutional amendments. There is no provision for a particular body to amend the Constitution, such as a Constitutional Convention (as in the United States) or a Constitutional Assembly.

  • A significant portion of the Constitution can be amended solely by Parliament, either by a special or a simple majority.
  • The process of amending is similar to that of legislating.
  • The 44th Amendment Act aims to rectify the inconsistencies in the 42nd Amendment to prevent future misuse of the Constitution's emergency clauses.
  • With the rescind of the 42nd Amendment, the Supreme Court and High Courts recovered their pre-42nd Amendment jurisdiction, reinstating the Constitution's secularism and democracy.

44th Constitutional Amendment Notes

The 44th candidates can download the 44th Constitutional Amendment Notes to practice the pivotal questions for the IAS exam. It will assist the aspirants in gaining an in-depth knowledge of all the parameters to solve the questions with ease.

Download 44th Amendment Of Indian Constitution PDF

The aspirants preparing for Prelims and Mains exam of UPSC must get in touch with these pivotal topics to be able to cover the UPSC syllabus comprehensively. You must practice the UPSC previous year papers as well and highlight the type of questions prevalent in the exam.

Other Important UPSC Notes
Women EmpowermentRepresentation of Peoples Act 1951
Brahmo SamajBattle of Plassey 1757
Asia Pacific Economic CooperationCentral Vigilance Commission
Atal Pension YojanaArya Samaj
CommunalismDemographic Dividend
Mid Day Meal SchemeSecularism
Pegasus SpywarePolar Vortex

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FAQs on 44th Amendment of Indian Constitution

  • The 44th Amendment of Indian Constitution was introduced to invalidate the provisions legislated during Emergency in 42nd Amendment Act. Article 368 was revised under the 44th Amendment Act.

  • The 44 Amendment of Indian Constitution removed the freedom to acquire, hold, and dispose of property from Article 19 of the Indian Constitution's list of personal liberties. The 44th Amendment of Indian Constitution made certain alterations in the provisions of the 42nd Amendment.

  • The 44th Amendment of Indian Constitution was introduced in the Lok Sabha on 16 December 1977 as the Constitution (Forty-fourth Amendment) Bill, 1977. Morarji Desai was the PM of India during that time.

  • The 44th Amendment Act of 1978 mandated a six-month review of the emergency declaration and, in the absence of new parliamentary approval, its termination at the end of that period.

  • The 44th Amendment Act of 1978 was legislated to provide proper security against the tendency of a temporary majority to take over fundamental rights in the future, as well as to ensure that the people possess a purposeful say in determining the form of government in which they will live.

  • The 44th Constitutional Amendment Act got included in the Constitution in 1978. The introduction of the 44 Amendment of Indian Constitution was to abolish miscellaneous provisions against the will of the citizens in the 42nd Amendment Act.

  • The 44th Amendment Act removed certain provisions that were legislated during the Emergency. The right of property was revoked in 44th Amendment Act. The right of the President to declare emergency during internal strife was also revoked.

  • The right of property has been nullified under the 44th constitutional amendment. Certain provisions were removed under the 44 amendment of the Indian Constitution that were legislated during Emergency.

  • The 44th Amendment Act states the removal of a fundamental property right. It adds a new provision, Article 300-A, declaring "no person shall be deprived of his property save by authority of law."

  • The Minister of Law, Justice and Company Affairs Shanti Bhushan has introduced the 44 Constitutional Amendment to revoke certain provisions introduced during the Emergency in the 42nd Amendment. The right or property and the President declaring Emergency in case of internal strife were nullified in 42nd Amendment Act.

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