44th Amendment

44th Amendment Act:

The 44th amendment of the Constitution was enacted by the Janata Government mainly to nullify some of the amendments made by the 42nd Amendment Act, 1976. It made wide scale changes to the Indian Constitution to make the Indian polity more democratic.
Changes Made:
  1. Constitutional protection to publication in newspaper of the proceedings of the Parliament and State Legislatures.
  2. Empowered president to send back advice of council of minister for reconsideration.
  3. Restoration of some powers of the Supreme Court.
  4. Fundamental Rights Guaranteed by Articles 20 and 21 cannot be suspended during a national emergency.
  5. It replaced the word “internal disturbance” with “armed rebellion”. It made president to declare national emergency only on written recommendation of cabinet. Duration of national emergency should not be extended more than 6 months at a time.
  6. The Right to Property was deleted from the list of fundamental right. It is now only a legal right under the Constitution.
  7. It provided for judicial review of election of president, governors and LS speaker.
The 44th Amendment Act repealed Article 19 (1) (f) and also took out Article 31(1) has been taken out of Part III and made a separate Article 300A in Chapter IV of Part XII. This amendment may have taken away the scope of speedy remedy under Article 32 for the violation of Right to Property because it is no more a Fundamental Right. Making it a legal right under the Constitution serves two purposes: Firstly, it gives emphasis to the value of socialism included in the preamble and secondly, in doing so, it conformed to the doctrine of basic structure of the Constitution.
Critically discuss why the 44th Amendment made to the Constitution of India is considered as one of the most important amendments. (200 Words)



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