Constitution Amendment

1. 44th amendment- 9th May, 1978.
The 44th amendment of the Indian Constitution was significant as it removed
partially the distortions that were introduced into the Constitution by 42nd
Amendment. It wanted to provide that certain changes in the Constitution
which would have the effect of impairing its secular or democratic character,
abridging or taking away fundamental rights prejudicing or impeding free and
fair elections on the basis of adult suffrage and compromising the
independence of judiciary.

2. The fundamental rights, including those of life and liberty, granted to
citizens are capable of being taken away by a transient majority. It
Was, therefore, necessary to provide adequate safeguards against
the recurrence of such a contingency in the future and to ensure to the
people themselves an effective voice in determining the form of
government under which they are to live. This was one of the primary
objectives of the Act.
The Act wanted to take away the right to property from the category of
fundamental rights and to provide that no person shall be deprived of his
property save in accordance with law.
A Proclamation of Emergency under article 352 has virtually the effect of
Amending the Constitution by converting it for the duration into that of a
Unitary State and made the rights of the citizen to move the courts for the
enforcement of fundamental rights including the right to life and liberty
To be suspended. Adequate safeguards were, therefore, necessary to
ensure that this power is properly exercised and is not abused.

3. A Proclamation of Emergency under article 352
Has virtually the effect of amending the
Constitution by converting it for the duration into
that of a Unitary State and made the rights of the
citizen to move the courts for the enforcement of
fundamental rights including the right to life and
Liberty to be suspended. Adequate safeguards
were, therefore, necessary to ensure that this
power is properly exercised and is not abused.

4. Important provisions
The right to property was taken away from the category of fundamental rights and
made as a legal right. Article 19(1)(f), which guarantees the citizens the right to
acquire, hold and dispose of property and article 31 relating to compulsory acquisition
of property have been omitted. It was, however, be ensured that the removal of
property from the list of fundamental rights would not affect the right of minorities
to establish and administer educational institutions of their choice.
Article 74(1) was amended to include a provision that President may require the
Council of Ministers to reconsider any advice tendered to him but the President
has to act in accordance with the advice tendered after such reconsideration.
Earlier, the President has to act in accordance with the advice tendered by the
Council of Ministers.

5. Article 83 and 172 was amended to restore the terms of the House of the
People and the State Assemblies to five years. Earlier the 42nd CAA had
extended the life of LokSabha and State Assemblies from 5 to 6 years.
Amendments related to High Courts
Article 226 was amended to restore to the High Courts their power to issue
writs for any other purpose besides the enforcement of fundamental
Rights. Article 227 was amended to restore to the High Courts their power of
superintendence over all courts and tribunals within its territorial jurisdiction.

6. Amendments related to emergency
Article 352 was amended with the following changes:
• The ground substituted of by “internal the disturbance” ground of was “armed
rebellion”.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.
• A provision was included stating that the President will not issue a Proclamation of
Emergency unless the decision of the Union Cabinet that such a Proclamation may Be
issued has to be communicated to him in writing.
• Proclamation of Emergency has to be approved within a period of one month (instead of
two months) by resolutions of both Houses of Parliament and has to be passed by a
majority of the total membership of each house and by a majority of not less than two-
thirds of the members present and voting in each House instead of a simple majority.
• For continuance of the Proclamation of Emergency, approval by resolutions of both
Houses will be required every six months.
• Proclamation of Emergency will be revoked whenever the House of the People passes
a resolution by a simple majority disapproving its continuance.

7. Article 358 relating to the suspension of Article 19
was amended:
The provisions of Article 19 will become suspended only in case of a
Proclamation of Emergency issued on the ground of war or external
aggression and not in the case of a Proclamation of Emergency issued on the
ground of armed rebellion.
Article 359 relating to suspension of the enforcement of the rights conferred by
Part III of the Constitution during Emergencies was amended:
Enforcement of rights under Article 20 and 21 cannot be suspended.

8. Implications
It modified the emergency provisions of the Constitution and prevented it from
being misused in the future. Supreme Court and High Courts were restored with
their jurisdiction and power which they enjoyed before the 42nd amendment act
was passed. It restored the secular and democratic ideals present in the
Constitution.