The 44th Constitutional Amendment, introduced during the Janata Government’s tenure, played a crucial role in reverting certain alterations made by the 42nd Amendment Act of 1976. This amendment brought sweeping changes to the Indian Constitution, significantly enhancing the democratic nature of India’s political system.
What is 44th Amendment in Indian Constitution?
The 44th Amendment Act, brought into effect in 1978, played a crucial role in rectifying changes made in 1976 through the 42nd Amendment Act. These alterations, made against the will of the citizens, necessitated the introduction of the 44th Amendment Act. It aimed to reverse these changes and protect the nation’s interests, making it a significant constitutional development in India’s history.
44th Amendment Of Indian Constitution Modifications
The 44th Amendment to the Indian Constitution aimed at making several changes by amending certain articles, introducing new ones to replace articles 71, 103, and 192, and removing a few articles from the Constitution. Below, you’ll find a breakdown of these significant modifications.
Article 368 Revisions Under 44th Constitutional Amendment
Modifications to the fundamental framework of the Indian Constitution can only come into force when they receive the backing of the Indian populace through a referendum, with at least 51% of the electorate’s votes in favor.
44th Amendment Act – Removals
The 44th Amendment Act of 1978 put an end to the government’s ability to unilaterally amend the Constitution through Article 368, overturning the provision from the 42nd Amendment Act. This amendment ensured that the government could no longer wield unjustified power in rewriting the Constitution.
Article 31 and 300-A
Property rights have undergone a significant change in their legal status. They have been shifted from being fundamental rights to being recognized as legal rights. Furthermore, Article 31 of the Constitution, which previously addressed the compulsory acquisition of property, has now been discontinued.
Emergency Declaration in 44th Amendment Of Indian Constitution
Property rights have undergone a significant change in their legal status. They have been shifted from being fundamental rights to being recognized as legal rights. Furthermore, Article 31 of the Constitution, which previously addressed the compulsory acquisition of property, has now been discontinued.
Criticism of 44th Amendment Of Indian Constitution
In our system, the Parliament holds the power to suggest changes to the Constitution. Unlike the United States, where a Constitutional Convention or Constitutional Assembly can make such amendments, we do not have a specific body designated for this purpose.
- Parliament Holds the Power to Amend a Significant Part of the Constitution
- Amending the Constitution Resembles the Process of Making Laws
- The 44th Amendment Act Aims to Address Inconsistencies from the 42nd Amendment
- Repealing the 42nd Amendment Restores Jurisdiction to the Supreme Court and High Courts
Read Also: 42nd Amendment of Indian Constitution
