44th Amendment Of Indian Constitution – Removals Under 44 Constitutional Amendment Act
By BYJU'S Exam Prep
Updated on: November 14th, 2023
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.
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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 rescinding 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 UPSC
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.
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.
