The Constitutional Amendment Act that has introduced safeguards again...
The 44th amendment seeks to protect the people of India from such an injustice as the fundamental rights are truly necessary. It also said that right to property under article 31 of the Constitution is removed from the fundamental rights and is made a legal right.
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 under Article 352. However, the misuse of this provision during the Emergency of 1975-77 led to the introduction of safeguards against its misuse.
The Amendment Act:
The Constitutional Amendment Act that introduced safeguards against the misuse of proclamation of national emergency is the 44th Amendment Act. It was passed by the Parliament on 24th April 1978 and came into force on 20th June 1979.
Safeguards:
The 44th Amendment Act introduced the following safeguards against the misuse of proclamation of national emergency:
1. Limited duration: The maximum duration of a national emergency was reduced from indefinite to two months, unless it is extended by the Parliament every six months.
2. Fundamental Rights: The right to life and personal liberty cannot be suspended during a national emergency.
3. Judicial review: The power of judicial review was restored. It means that the President’s proclamation of national emergency can be challenged in a court of law.
4. Dissolution of Parliament: The President cannot dissolve the Lok Sabha during a national emergency.
5. Emergency provisions: The emergency provisions can only be applied to matters related to national security, external affairs, and armed rebellion.
Significance:
The 44th Amendment Act is significant as it curtailed the powers of the government during a national emergency and prevented the misuse of this provision. It reinstated the principles of democracy and constitutionalism in India.
Conclusion:
The introduction of safeguards against the misuse of proclamation of national emergency through the 44th Amendment Act was a crucial step in ensuring that the democratic principles enshrined in the Constitution of India are protected. It prevented the misuse of emergency powers and ensured that the fundamental rights of citizens are not violated during times of crisis.