Question

Which of the following provisions are added by the 44th Amendment Act, 1978?

1) Right to property deleted from the list of Fundamental Rights

2) National emergency to be declared by only on the written recommendation of the cabinet.

3) The term ‘armed rebellion’ in respect of national emergency was replaced by ‘internal disturbance’.

4) The jurisdiction of the Supreme Court and the high courts in respect of judicial review was re-established.

1. 2 and 3
2. 1 and 2
3. 2, 3 and 4
4. All of the above

Answer 1

Correct Answer - Option 4 : All of the above

• 44th Amendment Act, 1978 was enacted by the Janata Government.
• The purpose of this amendment act was mainly to nullify some of the provisions introduced by the 42nd Amendment Act, 1976.

44th Amendment Act, 1978 amended the following provisions in the constitution of India:

• The jurisdiction of the Supreme Court and the high courts in respect of judicial review was re-established.
• The term ‘armed rebellion’ in respect of national emergency was replaced by ‘internal disturbance’.
• Made the President declare a national emergency only on the written recommendation of the cabinet.
• The right to property was made only a legal right and it was deleted from the list of Fundamental Rights.