44th Amendment Act of Indian Constitution: Major Modifications & UPSC Notes

The 44th amendment of the Indian constitution was enacted in 1978 by the 45th Amendment Bill. The 42nd Amendment Act was passed in 1976, and numerous clauses were altered against the desire of the population; as a result, the 44th Amendment Act was enacted to reverse those modifications and protect the nation's interests. 

The 44th amendment of the Indian constitution is a topic relevant to the UPSC CSE context under General Studies Paper II. It is a basic topic for aspirants to understand the dynamic aspect of the 44th amendment of the Indian constitution. The 44th amendment of the Indian constitution is an essential topic for UPSC Civil Services because it highlights the key features of the Panchayati Raj of India, which are frequently discussed in the exam. Join UPSC Coaching today to boost your preparation. 

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During the Internal Emergency, the Fundamental Rights, including those of life and liberty, granted to citizens by the constitution were taken away. A Proclamation of Emergency (under Article 352) had the effect of amending the constitution.

The government enacted the 44th amendment of Indian constitution in 1978 to reverse some modifications made under the 42 Amendment Act of 1976. It was passed to ensure that everyone has the same right to choose their type of government.

The 44th amendment of Indian constitution of 1978 also protects individuals from the future tendency of the majority to grant rights. It was proposed through the 45th Amendment Bill in 1978 to restore and correct the constitutional amendments or distortions enacted during the Internal Emergency period.

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Major Modifications Made by the 44th Amendment Act

Some major modifications were made by the 44th Amendment of the Indian constitution during the emergency,strengthening judicial review, and limiting the scope of Article 352 to prevent misuse. are listed below.

Amendments Related to Fundamental Rights

• Property, as a fundamental right (under Article 31), was removed from the list of basic rights.
• The property was given the recognition of a legal request (under Article 300A) with the provision of not depriving any person of property by the law.
• The power to suspend the right to move the court to enforce a fundamental right cannot be exercised regarding the basic right to life and liberty.
• The provision further strengthens the right to liberty that a law for preventive detention cannot authorise, in any case, detention for a more extended period than two months unless an Advisory Board has reported that there is sufficient cause for such detention.
• A special provision guaranteed the right of the media to freely report the proceedings in the Parliament and the State Legislatures without censorship.

Also, check the Right to Constitutional Remedies – Article 32 here.

Amendments Related to the Proclamation of Emergency

• To ensure that power is exercised correctly, the Proclamation of Emergency can be issued only when the security of India or any part of its territory is threatened by war, external aggression, or armed rebellion.
• Internal disturbances that did not lead to armed rebellion would not be considered grounds for the issue of a Proclamation.
• Also, an Emergency can be proclaimed only based on the Cabinet's written advice to the President.
• In addition, the Proclamation of Emergency must be approved by the two Houses of Parliament by the special majority within one month.
• Any such Proclamation would be in force only for six months and can be continued only by further resolutions passed by the same majority.
• The Proclamation will also cease operation if a resolution is passed to disapprove the continuance of the Proclamation in Lok Sabha.
• Ten per cent or more of the members of Lok Sabha can requisition a special meeting to consider a resolution disapproving the Proclamation.
• A Proclamation issued (under Article 356) would be in force only for six months, which can be one year at maximum.
• Suppose a Proclamation of Emergency is in operation. In that case, the President's rule can be extended by the Election Commission beyond one year if necessary on account of difficulties in conducting elections to the Legislative Assembly of the State concerned.

Also, check out the article on Emergency Provisions of the Indian Constitution here!

Amendment To The Basic Structure

• Any changes to the constitution's basic structure can only be adopted if they are approved by a majority of voters in a referendum attended by at least 51% of the population. Article 368 has been amended to ensure this.
• Article 38 now includes a new directive principle stating that the state must maintain social order to improve people's well-being.

Parliamentary Privileges

Articles 103 and 192, which deal with decisions on the disqualification of members of Parliament and state legislatures, have been replaced to read that the President's decision on the disqualification of a member of a state legislature will be based on the Election Commission's opinion.

Study the Parliamentary Privileges and Immunities here in detail.

Modification to Judiciary

• Restoration of powers of High Courts and Supreme Court.
• It removed the provisions that took away the court's power in deciding election disputes between the President, the Vice-president, the Prime minister, and the Speaker of the Lok Sabha.

Other Changes

• Restoration of the term of office of Lok Sabha and Legislative Assemblies to 5 years.
• Introduced the term armed rebellion to the national emergency.
• The central government's ability to deploy military troops or other union forces in the event of a significant crisis under Article 257A was revoked.

Read Important Amendments Of the Indian Constitution here!

Significant Modification related to Parliament and State Legislature

• In Article 83 of the Constitution, "five years" shall be substituted for "six years" in both places where they appear. The amendments made to clause (2) of article 83 shall also apply to the House of the People on the date this section enters into force, without prejudice to Parliament's power to extend the duration of that House under the proviso to that clause. 
• In clause (1) of Article 172 of the Constitution, the words "five years" shall be substituted for the words "six years" in both places where they appear.

Check out the Test Series For the UPSC IAS Exam here.

Criticism of the 44th Amendment Act 1978

• Parliament can propose constitutional modifications. There is no provision for a specific body, such as a Constitutional Convention (as in the United States) or a Constitutional Assembly, to change the constitution.
• A considerable component of the constitution may only be modified by Parliament, using either a special or simple majority.
• The procedure for modifying is comparable to that for enacting legislation.
• The 44th amendment of indian constitution seeks to correct the 42nd Amendment's contradictions to avoid future abuse of the constitution's emergency sections.
• The Supreme Court and High Courts recovered their pre-42nd Amendment authority by removing the 42nd Amendment, restoring the constitution's secularism and democracy.

Also, read the Criticism of the Amendment Procedure of the Indian Constitution here.

Conclusion

The 44th amendment of the Indian constitution was noteworthy because it essentially undid the distortions brought about by the 42nd Amendment. It altered the emergency provisions of the constitution to avoid future abuse. The Supreme Court and the High Courts were restored to their pre-42nd Amendment jurisdiction and competence. It restored the secular and democratic ideals of the constitution.

44th CONSTITUTIONAL AMENDMENT ACT, 1978 (UPSC Polity): Download PDF Here!

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