44th-amendment-act-1978

On Fundamental Rights:

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.

On DPSPs:

A new directive principle has been inserted in article 38, which provides that State shall
secure social order for the promotion of the welfare of the people.

On Presidential Power

[i]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.

On Parliament & Parliamentary Functioning:

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 Rajya Sabha from 5 to 6 years.


On Parliamentary Privileges:

Article 103 and 192 relating respectively to decisions on questions as to
disqualification of members of Parliament and of State Legislatures have been replaced
to provide that the decision on the question as to disqualification, by the President in the
case of a member of a State Legislature, will be in accordance with the opinion of the
Election Commission.

On the Power of High Courts:

[i] Article 226 was amended to restore to the High Court their power to issue writs for
any other purpose besides the enforcement of fundamental rights.

Article 227 was amended to restore to the High Court their power of
superintendence over all courts and tribunals within its territorial jurisdiction.

It 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.

On Federalism:

Article 257A which was related to power of Central government to send its armed
forces or other forces of the union to address a grave situation there was omitted.

On Emergency Provisions:

Article 352 was amended with the following changes: The ground of “internal
disturbance” 
was substituted by the ground of “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. [Made the authority dispersed]
• 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.
• Quorum: Ten percent or more of the Members of Lok Sabha can
request a special meeting for considering a resolution for disapproving the
Proclamation.

On State Emergency: It made it more Federal
• Article 356 relating to the President’s power to issue a proclamation in case of failure of
constitutional machinery in a State is amended with the following provisions:
• The provision with regard to the breakdown of the constitutional machinery in the
States was amended so as to provide that a Proclamation issued under article 356
would be in force only for a period of six months in the first instance and that it
cannot exceed one year ordinarily.
• However, if a Proclamation of Emergency is in operation and the Election Commission
certifies that the extension of the President’s rule beyond a period of one year is
necessary on account of difficulties in holding elections to the Legislative Assembly
of the State concerned, the period of operation of the Proclamation can be
extended beyond one year
.
• This is subject to the existing limit of three years.
• These changes were made to ensure that democratic rule is restored to a State after the
minimum period which will be necessary for holding elections.

On Article 358 & Article 19

Article 358 relating to the suspension of Article 19 was amended in the following
manner:
àThe 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.
àEnforcement of rights under Article 20 and 21 cannot be suspended during the
operation of National Emergency