The 44th Amendment Act of 1978 removed the Right to Property from the ...
44th Amendment is an act that was introduced into the constitution by 45th Amendment Bill in the year1978. In 1976, with the introduction of the 42nd Amendment Act, there were various provisions that were amended against the will of the citizens hence, to reverse those changes and safeguard the interests of the nation, 44th Amendment Act was called into action.
The important changes introduced by the 44th Amendment Act are:
- Any changes in the basic structure of the constitution can be made only if they are approved by the people of India by a majority of votes at a referendum in which at least fifty-one per cent of the electorate participated. Article 368 is being amended to ensure this.
- The 44th Amendment Act 1978 reversed the provision made by 42nd amendment act that allowed the government to amend the constitution on its wish by Article 368. 44th Amendment Act nullified this unjustified power to the government.
- Right to Property was removed from the list of fundamental rights (Article 31) and was made a legal right under Article 300A.
- Proclamation of Emergency can be issued only when the security of India or any part of its territory is threatened by war or external aggression or by armed rebellion. Internal disturbance not amounting to armed rebellion would not be a ground for the issue of a Proclamation. Hence option 2 is not correct.
- An emergency can be proclaimed only on the basis of written advice tendered to the President by the Cabinet.
- The right to liberty is further strengthened by the provision that law for preventive detention cannot authorise, in any case, detention for a longer period than two months, unless an Advisory Board has reported that there is sufficient cause for such detention.
- Right of the media to report freely and without censorship the proceedings in Parliament and the State Legislatures.
- The 44th Amendment Act restricted the scope of Article 358 (provides for the effect of the NationalEmergency on the Fundamental Rights) by stating that the six fundamental rights under Article 19cannot be suspended if the National Emergency has been proclaimed on the ground of armed rebellion. Hence statement 3 is correct.
It was the 42nd Amendment Act which made the advice of the central council of ministers binding on the President. The 44th Amendment only empowered the President to send back any such advice once. Hence statement 1 is not correct.
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The 44th Amendment Act of 1978 removed the Right to Property from the ...
The correct answer is option 'C' i.e., 3 only.
The 44th Amendment Act of 1978 introduced several important changes to the Indian Constitution. Let's discuss each of them in detail:
1. Restriction on Suspension of Freedom of Speech during National Emergency:
The 44th Amendment Act imposed a restriction on the scope of the Constitution regarding the suspension of the right to freedom of speech during a National Emergency. According to the amendment, the President could only suspend the right to freedom of speech and expression under Article 19 during a National Emergency. This amendment ensured that certain fundamental rights, including the right to freedom of speech, would not be suspended during a National Emergency unless the security of the country was threatened.
2. Removal of Right to Property as a Fundamental Right:
One of the significant changes brought about by the 44th Amendment Act was the removal of the Right to Property from the list of Fundamental Rights. Earlier, the Right to Property was guaranteed as a Fundamental Right under Article 19(1)(f) of the Constitution. However, the amendment repealed Article 19(1)(f) and inserted a new Article 300A, which stated that no person could be deprived of his or her property except by the authority of law. This amendment was made to strike a balance between individual rights and the interests of the state.
Therefore, the 44th Amendment Act of 1978 restricted the scope of the Constitution on the suspension of the right to freedom of speech during a National Emergency and removed the Right to Property as a Fundamental Right. These two changes are the important ones introduced by the 44th Amendment Act.
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