Which act neutralized the damages done by 42nd Amendment?
Q. Which of the following are provisions of the 44th Amendment Act, 1978?
1) Restored the jurisdiction of the Supreme Court and the high courts in respect of judicial review and issue of writs.
2) Replaced the term ‘internal disturbance’ by ‘armed rebellion’ in respect of national emergency.
3) Made the President to declare a national emergency only on the written recommendation of the cabinet.
4) Deleted the right to property from the list of Fundamental Rights and made it only a legal right.- Published on 23 Feb 17a. 2 and 3
b. 1 and 2
c. 2, 3 and 4
d. All of the above
ANSWER: 2, 3 and 4
- Point 1 is from the 43rd amendment act of 1977.
- 43rd Constitutional Amendment Act, 1977 and 44th Constitutional Amendment Act, 1978 were enacted by the Janata Government mainly to neutralize the distortions introduced by the 42nd Amendment Act, 1976.
43rd Constitutional Amendment Act, 1977 provided for following things -
a. It restored the jurisdiction of the Supreme Court and the high courts in respect of judicial review and issue of writs.
b. It also deprived the Parliament of its special powers to make laws to deal with anti-national activities.
44th Constitutional Amendment Act, 1978 -
a. Restored the original term of the Lok Sabha and the state legislative assemblies (i.e. 5 years).
b. Restored the provisions with regard to quorum in the Parliament and state legislatures.
c. Omitted the reference to the British House of Commons in the provisions pertaining to the parliamentary privileges.
d. Gave constitutional protection to publication in newspaper of true reports of the proceedings of the Parliament and the state legislatures.
e. Empowered the president to send back once the advice of cabinet for reconsideration. But, the reconsidered advice is to be binding on the president.
f. Deleted the provision which made the satisfaction of the president, governor and administrators final in issuing ordinances.
g. Restored some of the powers of the Supreme Court and high courts.
h. Replaced the term ‘internal disturbance’ by ‘armed rebellion’ in respect of national emergency.
i. Made the President to declare a national emergency only on the written recommendation of the cabinet.
j. Made certain procedural safeguards with respect to national emergency and President’s rule.
k. Deleted the right to property from the list of Fundamental Rights and made it only a legal right.
l. Provided that the fundamental rights guaranteed by Articles 20 and 21 cannot be suspended during a national emergency.
m. Omitted the provisions which took away the power of the court to decide the election disputes of the president, the vice-president, the prime minister and the Speaker of the Lok Sabha.
