Forty-fourth Constitutional Amendment, 1978 - GovtVacancy.Net

Forty-fourth Constitutional Amendment, 1978

The amended provisions of the Constitution through the 44th Constitutional Amendment-

 

1. The tenure of Lok Sabha and State Legislature was kept as before (5 years).

 

2. The provision of quorum in the Parliament and the State Legislature was retained.

 

3. The reference to the British House of Commons regarding Parliamentary privileges was removed.

 

4. Constitutional protection was given for the publication of the report of the proceedings of the Parliament and the State Legislature in the newspaper.

 

5. Power to the President to send the advice of the Cabinet once for reconsideration, but subject to reconsideration, it shall be binding.

 

6. The provision of satisfaction of the President, Governor, and Administrator was abolished in issuing the ordinance.

 

7. Some of the powers of the Supreme Court and the High Court were rediscovered.

 

8. In the context of a national emergency, the word 'internal disturbance' was replaced by the word 'armed rebellion'.

 

9. A provision was made for the President that he can declare an emergency only on the written recommendation of the cabinet.

 

10. On the issue of national emergency and the President's rule, some more arrangements were made from the point of view of security.

 

11. Right to property was removed from the list of Fundamental Rights and made a mere legal right.

 

12. The Fundamental Rights guaranteed by Articles 20 and 21 cannot be suspended in a national emergency.

 

13. Removed the provision which took away the power of the Court to adjudicate dispute matters relating to the election of the President, Vice President, Prime Minister, and Speaker of the Lok Sabha.

Thank You