44 Amendment of the Indian Constitution

The  government has done the 44th Amendment of the Indian constitution to Revoke and make modifications to some of the amendments made under the 42 amendment act of 1976 to make the Indian government more democratic 44th Amendment of the Constitution made changes in the constitution on a large scale. The 44th Amendment Act of 1978 was made to ensure that people also have equal rights to decide the form of government

in which they will live. The 44th Amendment Act of 1978 also safeguards people against the tendency of the majority to make rights in the future.

What is the 44th Amendment Act, 1978?

● It is the act passed by the government in the year 1978 to revoke Some amendments made under the 42 amendment act, 1976.

● The 44th Amendment Act of 1978 was made to ensure that people also have the equal rights to decide the form of government in which they will leave

● The 44th Amendment Act 1978 also safeguards people against the tendency of the majority to make rights in the future.

Modifications made by the 44th amendment act

some of the modifications made by the 44th amendments act are:

Fundamental rights

● Like the property right, some rights were removed from the Right list.

● Article 19 (1)(f )and Article 31 of the constitution give citizens the right to keep, acquire, and dispose of their property. Article 31 of the constitution, which deals with property acquisition, has been removed by the 44th Amendment Act.

President’s power

The 44th Amendment Act also made modifications to the power of the president. Article 74 (1) was revised, stating that the president can ask the council of ministers to reconsider his advice. Still, the president can act on the advice given after such reconsideration. Before the article was revised, the president was required to act according to the advice given to him by the Council of Ministers.

Basic structures

By amending Article 368, it is ensured that if any modification to the constitution’s basic structure has to be made, it can only be enacted if the people of India agree to it. To know the number of people who agree with them, there should be at least 51% of the voters participating in the vote cast in a referendum.

DPSP

The 44th Amendment act 1978 also added new principles in the article 38, which states that states should maintain

social order to promote the Welfare of people.

Modification related to parliament and state legislature

Article 83 and 172 were also amended under the 44th Amendment act,1978. The term of people’s houses and state assemblies is up to 5 years. The Lok Sabha and Rajya Sabha chambers of Parliament were previously extended from 5 to 6 years under the 42nd Constitutional Amendment Act 1976.

modification to Judiciary

● The 44 Amendment Act 1978 restored various powers of the supreme courts and high courts.

● The act allowed the Judicial review of the presidents, governors, and Lok Sabha speaker’s elections.

Rule of president

A new provision was added to put restraints on the power of Parliament. A proclamation issued under article 356 was extended beyond 1 year.

Parliamentary privileges

Articles 103 and 192 have been replaced to provide that the president on the question of this disqualification of a member of the state legislature will be based on the election commission opinion. It must be noted that articles 103 and 192 are related to the Seasons on questions of disqualification of members of both Parliament and the state legislature.

National emergency

The 44 th Amendment Act 1978 has introduced numerous safeguards in article 352. It must be enacted to prevent the executives’ misuse of the National Emergency power. these modifications are the follows:

● Before the Amendment Act was passed, a proclamation of emergency could be issued on matters related to war or internal disturbance. The executives can misuse their power to make decisions on internal disturbance. The act, therefore, introduced the expression.

“armed rebellion” in place of internal disturbance.

● Earlier to the 44th Amendment Act, once a proclamation of emergency was approved, there was no parliamentary control, but now a special sitting of Lok Sabha can be held for disapproval.

Conclusion

Under the provisions made by the 42nd Amendment, parliamentary supremacy and powers could be taken advantage of, and the rights can be easily revoked. This can result in injustice for the people of India and can violate the Indian constitution. To prevent such events, the 44th Amendment was enacted. The 44th Amendment to the constitution of India is very significant as it removes the distortions made by the 42nd Amendment of the constitution. The 44th Amendment Act,1978 of the constitution was made under the rule of the  government.