Question

Through which constitutional amendment the word 'armed rebellion' was inserted to the Constitution to declare a National Emergency?

1. Through 42nd Constitution Amendment Act
2. Through 44th Constitution Amendment Act
3. Through 40th Constitution Amendment Act
4. Through 38th Constitution Amendment Act

Answer 1

Correct Answer - Option 2 : Through 44th Constitution Amendment Act

The correct answer is Through the 44th Constitution Amendment Act.

• Through the 44th Constitution Amendment Act, the word 'armed rebellion' was inserted to the Constitution to declare a National Emergency.

 

•  38th Constitution Amendment Act of 1975:
  • Made the declaration of "The Emergency" final and conclusive.
  • In particular, it codified and enlarged the State's power to remove fundamental rights from its citizens during states of emergency
• 40th Constitution Amendment Act of 1976:
  • Empowered the Parliament to specify from time to time the limits of the territorial waters, the continental shelf, the Exclusive Economic Zone (EEZ) and the maritime zones of India.
•  42nd Constitution Amendment Act of 1976:
  • Words ‘Socialist’, ‘Secular’ and ‘Integrity’ added to Preamble.
  • Part IVA under Article 51A,10 Fundamental Duties added for the citizens.
  • Curtailed the judicial review power of the High Courts.
  • New DPSPs (Directive Principles of State Policy) were added, which includes Article 39, 39A, 43A, & 48A.
  • It is also called mini-constitution of India.
• 44th Constitution Amendment Act of 1978:
  • ​The 44th Amendment Act of 1978 reversed the provision made by the 42nd amendment act that allowed the government to amend the constitution on its wish by Article 368. 44th Amendment Act nullified this unjustified power to the government.
  • Right to Property was removed from the list of fundamental rights (Article 31) and was made a legal right under Article 300A.
  • Proclamation of Emergency can be issued only when the security of India or any part of its territory is threatened by war or external aggression or by armed rebellion. Internal disturbance not amounting to armed rebellion would not be a ground for the issue of a Proclamation.