The Constitutional Amendment Act that has introduced safeguards again...
The Forty-fourth Amendment of the Constitution of India, officially known as the Constitution (Forty-fourth Amendment) Act, 1978, was enacted by the Janata Party which had won the 1977 general elections campaigning on a promise to "restore the Constitution to the condition it was in before the Emergency".
Hence, the correct option is (c).
View all questions of this test
The Constitutional Amendment Act that has introduced safeguards again...
Introduction:
The Constitution of India provides for the proclamation of national emergency in case of grave threats to the sovereignty, security, unity, and integrity of the country. However, the misuse of this provision by the government has led to the erosion of democratic values and civil liberties. To prevent such misuse, the Constitution was amended through the 44th Amendment Act, which introduced several safeguards.
Safeguards against misuse of national emergency:
The 44th Amendment Act, passed in 1978, introduced the following safeguards to prevent the misuse of the proclamation of national emergency:
1. Limited duration: The national emergency can be proclaimed only for a maximum period of six months. If the emergency needs to be extended, it can only be done with the approval of both houses of parliament.
2. Parliamentary approval: The proclamation of national emergency must be approved by both houses of parliament within one month of its issuance. If either house rejects the proclamation, it will cease to be in force.
3. Judicial review: The validity of the proclamation of national emergency can be challenged in a court of law. The Supreme Court has the power to strike down the proclamation if it is found to be unconstitutional.
4. Fundamental rights: The right to life and personal liberty cannot be suspended during a national emergency. Other fundamental rights can be suspended, but only to the extent necessary to deal with the emergency.
5. State emergency: The power to proclaim a state emergency has been taken away from the central government. Only the state governor has the power to proclaim a state emergency, and it can be done only on the advice of the state council of ministers.
Conclusion:
The 44th Amendment Act has introduced several safeguards to prevent the misuse of the proclamation of national emergency. These safeguards ensure that the government cannot use the emergency provisions to suppress dissent and violate the fundamental rights of citizens.