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Which of the following is not related to the 44th Amendment Act?
- a)Replacement of the term “Internal Disturbances” with “Armed Rebellion” under Article 352.
- b)Suspension of the enforcement of the rights conferred by Part III during National Emergency proclaimed under Article 352
- c)Removal of Article 31 from Part III of the Constitution of India.
- d)Insertion of new Article 226A
Correct answer is option 'D'. Can you explain this answer?
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Which of the following is not related to the 44th Amendment Act?a)Rep...
- The 44th Constitutional Amendment Act made following changes :
- Replace the term ‘internal disturbance’ by ‘armed rebellion’ in respect of national emergency under article 352. Consequently, the National Emergency can be imposed on grounds of war, external aggression and armed rebellion and on written recommendation of the Cabinet by the President. The provision of written recommendation of the Cabinet was also added by 44th CAA and article 352 is the only article which mentions and defines the term Cabinet.
- Providing that the fundamental rights guaranteed by articles 20 & 21 cannot be suspended during a national emergency under Article 359 which provides for suspension of enforcement of the Fundamental Rights by the President.
- 19(1) (f) and Art. 31, dealing with Right to Property were deleted from the Constitution and a new article named Article 300A was added into the Constitution providing for Right to Property. Consequently, the right to property is not a fundamental right but only a constitutional right now.
- Insertion of new Article 226A under the Constitution (Forty-third Amendment) Act, 1977. Article 226A barred the High Courts from deciding the validity of any Central law and article 228A required that there should be a Bench of at least five Judges for determining the constitutional validity of any State law and prescribed a special majority for a judgment invalidating such a law.
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Which of the following is not related to the 44th Amendment Act?a)Rep...
Introduction:
The 44th Amendment Act of the Constitution of India was passed in 1978. It brought several changes to the Constitution, aimed at safeguarding individual rights and curbing the powers of the executive during periods of emergency. Among the various provisions introduced by the 44th Amendment Act, one of them is not related to it. Let us analyze each option to determine the correct answer.
Analysis of Options:
a) Replacement of the term “Internal Disturbances” with “Armed Rebellion” under Article 352:
- The 44th Amendment Act replaced the term "Internal Disturbances" with "Armed Rebellion" in Article 352 of the Constitution.
- This amendment clarified the grounds on which a National Emergency can be proclaimed, limiting it to instances of armed rebellion.
- This change was made to ensure that the power to proclaim an emergency is not misused by the executive.
b) Suspension of the enforcement of the rights conferred by Part III during National Emergency proclaimed under Article 352:
- The 44th Amendment Act introduced a significant change by disallowing the suspension of certain fundamental rights during a National Emergency.
- Earlier, the government had the power to suspend the enforcement of rights conferred by Part III of the Constitution during an emergency.
- The 44th Amendment Act restricted the suspension of rights to only two fundamental rights, namely, the right to life and personal liberty (Article 21) and the right to protection from arrest and detention (Article 22).
c) Removal of Article 31 from Part III of the Constitution of India:
- The 44th Amendment Act removed Article 31 from Part III of the Constitution.
- Article 31 dealt with the right to property, and its removal was a significant step towards reducing the emphasis on property rights as a fundamental right.
- However, the right to property was not completely abolished; it was repositioned as a legal right under Article 300A.
d) Insertion of new Article 226A:
- This option is incorrect as the 44th Amendment Act did not introduce any provision for a new Article 226A.
- Article 226 of the Constitution deals with the power of High Courts to issue writs.
- The 44th Amendment Act did not make any changes to this article.
Conclusion:
After analyzing each option, it is clear that option 'd' is not related to the 44th Amendment Act. The act did not introduce a new Article 226A, making it the correct answer.
The 44th Amendment Act of the Constitution of India was passed in 1978. It brought several changes to the Constitution, aimed at safeguarding individual rights and curbing the powers of the executive during periods of emergency. Among the various provisions introduced by the 44th Amendment Act, one of them is not related to it. Let us analyze each option to determine the correct answer.
Analysis of Options:
a) Replacement of the term “Internal Disturbances” with “Armed Rebellion” under Article 352:
- The 44th Amendment Act replaced the term "Internal Disturbances" with "Armed Rebellion" in Article 352 of the Constitution.
- This amendment clarified the grounds on which a National Emergency can be proclaimed, limiting it to instances of armed rebellion.
- This change was made to ensure that the power to proclaim an emergency is not misused by the executive.
b) Suspension of the enforcement of the rights conferred by Part III during National Emergency proclaimed under Article 352:
- The 44th Amendment Act introduced a significant change by disallowing the suspension of certain fundamental rights during a National Emergency.
- Earlier, the government had the power to suspend the enforcement of rights conferred by Part III of the Constitution during an emergency.
- The 44th Amendment Act restricted the suspension of rights to only two fundamental rights, namely, the right to life and personal liberty (Article 21) and the right to protection from arrest and detention (Article 22).
c) Removal of Article 31 from Part III of the Constitution of India:
- The 44th Amendment Act removed Article 31 from Part III of the Constitution.
- Article 31 dealt with the right to property, and its removal was a significant step towards reducing the emphasis on property rights as a fundamental right.
- However, the right to property was not completely abolished; it was repositioned as a legal right under Article 300A.
d) Insertion of new Article 226A:
- This option is incorrect as the 44th Amendment Act did not introduce any provision for a new Article 226A.
- Article 226 of the Constitution deals with the power of High Courts to issue writs.
- The 44th Amendment Act did not make any changes to this article.
Conclusion:
After analyzing each option, it is clear that option 'd' is not related to the 44th Amendment Act. The act did not introduce a new Article 226A, making it the correct answer.
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Which of the following is not related to the 44th Amendment Act?a)Rep...
Insertion of new Artical 226A
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Which of the following is not related to the 44th Amendment Act?a)Replacement of the term “Internal Disturbances” with “Armed Rebellion” under Article 352.b)Suspension of the enforcement of the rights conferred by Part III during National Emergency proclaimed under Article 352c)Removal of Article 31 from Part III of the Constitution of India.d)Insertion of new Article 226ACorrect answer is option 'D'. Can you explain this answer?
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Which of the following is not related to the 44th Amendment Act?a)Replacement of the term “Internal Disturbances” with “Armed Rebellion” under Article 352.b)Suspension of the enforcement of the rights conferred by Part III during National Emergency proclaimed under Article 352c)Removal of Article 31 from Part III of the Constitution of India.d)Insertion of new Article 226ACorrect answer is option 'D'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Which of the following is not related to the 44th Amendment Act?a)Replacement of the term “Internal Disturbances” with “Armed Rebellion” under Article 352.b)Suspension of the enforcement of the rights conferred by Part III during National Emergency proclaimed under Article 352c)Removal of Article 31 from Part III of the Constitution of India.d)Insertion of new Article 226ACorrect answer is option 'D'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Which of the following is not related to the 44th Amendment Act?a)Replacement of the term “Internal Disturbances” with “Armed Rebellion” under Article 352.b)Suspension of the enforcement of the rights conferred by Part III during National Emergency proclaimed under Article 352c)Removal of Article 31 from Part III of the Constitution of India.d)Insertion of new Article 226ACorrect answer is option 'D'. Can you explain this answer?.
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