The 44th Constitutional Amendment is often seen as a corrective to the excesses of the Emergency period. Which of the following best reflects the core constitutional safeguard reintroduced or strengthened by this amendment?
Show answer & explanation
Correct answer: C
Explanation
Solution: The correct answer is (C) It mandated that National Emergency could be proclaimed only on the written advice of the Council of Ministers and added safeguards against the misuse of Article 352.
Explanation:
☛ The 44th Constitutional Amendment Act, 1978, enacted after the Emergency, was meant to rectify the misuse of emergency provisions.
☛ Under Article 352, a National Emergency can now be proclaimed only when the Council of Ministers has made a written recommendation; the proclamation also requires approval of both Houses of Parliament within one month by a special majority.
☛ The phrase “internal disturbance” was replaced by “armed rebellion”, narrowing the scope of Emergency.
☛ The amendment provides that the President cannot suspend the enforcement of Articles 20 and 21 even during a National Emergency, thereby protecting the Right to Life and Personal Liberty.
Extra Exam-Relevant Facts:
☛ Option A: Incorrect; the 44th Amendment restricted the suspension of Fundamental Rights rather than allowing the suspension of all such rights. Article 359 cannot be applied to Articles 20 and 21.
☛ Option B: Incorrect; the 44th Amendment removed the Right to Property from Part III, including Article 19(1)(f), and placed it as a legal/constitutional right under Article 300A.
☛ Option D: Incorrect; no unilateral power to dissolve the Lok Sabha was given to the Prime Minister; such a power has no basis in the 44th Amendment.
Important One-Liners for Upcoming Exams:
☛ Which constitutional amendment is considered a corrective to the excesses of the Emergency period? → 44th Constitutional Amendment Act, 1978.
☛ Which expression replaced “internal disturbance” in Article 352? → “Armed rebellion”.
☛ Which Fundamental Rights cannot be suspended even during a National Emergency after the 44th Amendment? → Fundamental Rights under Articles 20 and 21.
☛ How much time do the Houses of Parliament get to approve a proclamation of National Emergency under Article 352? → One month.
☛ After the 44th Amendment, under which Article is the Right to Property provided? → Article 300A.