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.

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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

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