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44th Amendment of Indian Constitution
The 44th amendment act, 1978 is important for IAS Exam. Read the changes brought by the 42nd Amendment Act in Indian Constitution, for both UPSC Prelims and Mains. Download 44th Amendment Act notes PDF. For UPSC 2022 preparation, follow BYJU'S.
IAS PreparationUPSC Preparation Strategy44th Amendment Act
44th Amendment of Indian Constitution for UPSC - Indian Polity Notes
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.
This act also nullified various provisions that were brought into the Indian Constitution as new articles or as amendments by the 42nd Amendment Act.
The topic ‘44th Amendment Act, 1978’ holds value for IAS Exam as it is an essential part of UPSC Political Science for Prelims, Mains GS-II and optional papers.
This article will answer a few questions related to the 44th amendment of the constitution of India that can help IAS aspirants in understanding various sections of Polity for civil services examination.
Get the list of important acts in India from the linked article.44th Amendment of Indian Constitution-Indian Polity Notes:-Download PDF HereUPSC Previous Year Question PapersCurrent AffairsUPSC Notes PDFIAS Mock Tests NCERT Notes PDF Polity Notes for UPSCDifference Between Articles
What is 44th Amendment in Indian Constitution?
44th Amendment is an act that was introduced into the constitution by 45th Amendment Bill in the year 1978. In 1976, with the introduction of the 42nd Amendment Act, there were various provisions that were amended against the will of the citizens hence, to reverse those changes and safeguard the interests of the nation, 44th Amendment Act was called into action.
Similar to the 44th amendment act, there are several other important amendments in the Indian Constitution for UPSC that you may like to read from the linked article for civil services exam preparation.
Practise the old constitution questions from UPSC Mains GS 2 to aid your preparation and answer-writing for the exam.
What Changes 44th Amendment Introduced in the Constitution?
44th Amendment made a few changes in the provisions of the constitution. They are given in points below:
Any changes in the basic structure of the constitution can be made only if they are approved by the people of India by a majority of votes at a referendum in which at least fifty-one per cent of the electorate participated. Article 368 is being amended to ensure this.
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.
An emergency can be proclaimed only on the basis of written advice tendered to the President by the Cabinet.
The right to liberty is further strengthened by the provision that law for preventive detention cannot authorise, in any case, detention for a longer period than three months, unless an Advisory Board has reported that there is sufficient cause for such detention.
Right of the media to report freely and without censorship the proceedings in Parliament and the State Legislatures.
Read the Criticism of the Amendment Procedure in the linked article.
The 44th amendment to the Indian Constitution is an important topic for UPSC 2022 as understanding this amendment makes a foundation for aspirants to understand the subsequent amendments brought in the Indian Constitution. Thus, it will help candidates prepare easily for UPSC Political Science subject.
There are various types of amendments to the Indian Constitution which you can follow up in the linked article.44th Amendment of Indian Constitution-Indian Polity Notes:-Download PDF Here
Frequently asked Questions Related to the 44th Amendmend Act
Which right has been abolished by 44th Amendment?
The 44th Amendment of 1978 removed the right to property from the list of fundamental rights. A new provision, Article 300-A, was added to the constitution, which provided that “no person shall be deprived of his property save by authority of law”.
What was the aim of the 44th Amendment Act?
The Amendment aimed to undo several changes that had been made to the Constitution by the 42nd Amendment which had been enacted by the Indira Gandhi-led Indian National Congress during the Emergency.
You may like to read articles relevant to UPSC IAS exam preparation and Political Science subject given in the table below:Relevant Articles:
UPSC Notes UPSC Political Science Syllabus
UPSC Calendar 2022 UPSC Political Science Books
Polity Questions for UPSC Civil Services Examination
UPSC Question Papers IAS Toppers
UPSC Prelims NCERT Notes For UPSC
The 44th amendment to the Constitution removed the from the list of Fundamental rights.
Click here👆to get an answer to your question ✍️ The 44th amendment to the Constitution removed the from the list of Fundamental rights.
The 44th amendment to the Constitution removed the _________ from the list of Fundamental rights.A
Right to freedom of religionB
Right to equalityC
Right to propertyD
Right to freedom
Medium Open in App
The 44th Amendment to the Constitution removed _____________ from the list of Fundamental Rights.A.Right to freedom of religionB.Right to equalityC.Right to propertyD.Right to freedom
The 44th Amendment to the Constitution removed _____________ from the list of Fundamental Rights.A.Right to freedom of religionB.Right to equalityC.Right to propertyD.Right to freedom. Ans: Hint: Fundamental Rights are essential human rights guarante...The 44th Amendment to the Constitution removed _____________ from the list of Fundamental Rights.
A.Right to freedom of religion
B.Right to equality C.Right to property D.Right to freedom Answer Verified 217.8k+ viewsHint: Fundamental Rights are essential human rights guaranteed to all Indian citizens under Part III (Articles 12-35) of the Indian Constitution. The right which was removed is now a Constitutional right but not a fundamental right.Complete Step by Step answer: The seven fundamental rights as enshrined in the original version of the Constitution were: Right to Equality (Articles 14-18), Right to Freedom (Articles 19-22), Right against Exploitation (Article 23-24), Right to Freedom of Religion (Articles 25-28), Cultural and Educational Rights (Articles 29-30), Right to Property (Article 31) and Right to Constitutional Remedies (Articles 32).
Let's look at the options :
Option A: is incorrect. The Right to Freedom of Religion remains as a part of the six Fundamental Rights.
Option B: is incorrect. The Right to Equality remains as a part of the six Fundamental Rights.
Option C: is correct. The 1950 Constitution provided the Right to Property in Article 31 and 19(1)(f). But because it caused sharp conflict between the Legislature and Judiciary, it had to undergo several amendments. Finally, it was repealed by the 44th Constitutional Amendment in 1978. Since then, right to property was added in Article 300A in Part XII of the Constitution and states that no person shall be deprived of his property save by authority of law.
Option D: is incorrect. The Right to Freedom remains as a part of the six Fundamental Rights.
Hence, Option C is correct.Note: If any of the Fundamental Rights are violated, the individual affected is entitled to move to the Supreme Court or High Court for protection and enforcement of their rights. The Supreme Court is, therefore, the guardian of the Constitution and the custodian of people's fundamental rights.
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Related Questions Question 1
Which of the following Articles of the Indian Constitution guarantees equal opportunities in public employment to persons belonging to SC/ST and the other minority communities?
A. Article 15 B. Article 16 C. Article 22 D. Article 27 Question 2
Which of the following Articles describes the Right to Education in the Indian Constitution?
A. Article 32A B. Article 21A C. Article 28 A D. None of these Question 3
Fundamental rights or basic human rights are …………………………………………
A. Guaranteed to Individuals/citizens
B. Guaranteed to aliens
C. Guaranteed to all tourists
D. None of these Question 4
when in India, the right to acquire, hold and dispose and dispose of the property as a fundamental right was eliminated?
A. 1974 B. 1975 C. 1977 D. 1980 Question 5
Writs can be issued for enforcement of Fundamental Rights by________.
In case of violation of the Fundamental Rights of individuals, which type of jurisdiction of the Supreme Court is applicable?
Abolition of untouchables (article 17 ) was mentioned under which part of the Indian Constitution?
A. Directive principle
C. Fundamental rights
D. None of the above
What are the main features of ‘Right to Equality’?
The Fundamental Rights are called Fundamental because-
a. They are protected by the Supreme Court
b. They are given by the Constitution.
c. They cannot be taken away by any law or order of the Government