Question

When was the 44^th Constitutional Amendment Act enacted?
1. 1975
2. 1972
3. 1976
4. 1978

Answer 1

Correct Answer - Option 4 : 1978

The correct answer is 1978.

• 44th Amendment Act, 1978 was introduced to provide adequate safeguards against the recurrence of the tendency to take over the fundamental rights by the transient majority in the future and to ensure to the people an effective voice in determining the form of government under which they are to live.

•  The 44th Amendment altered Article 359 and one can now approach the Supreme Court and the High Courts to issue writs in the nature of Habeas Corpus, which was not possible at the time of the 1975 Emergency.
• Under Article 352 of the Indian constitution, the president can declare such an emergency only on the basis of a written request by the cabinet of ministers headed by the prime minister.
• Such a proclamation must be approved by the parliament with an at least two-thirds majority within one month.
• This act also nullified various provisions that were brought into the Indian Constitution as new articles or as amendments by the 42nd Amendment Act.