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Question

Q. Which one of the following changes were bought by the 44th Constitutional Amendment Act, 1978 in the Indian constitution:

A
Reduction in time allowed for approval of the proclamation of national emergency to one month for both the Houses of parliament.
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B
For continuation of national emergency, parliamentary approval is required every six-year.
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C
It barred judicial review of the proclamation of emergency.
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D
Option (a) and (b) both.
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Solution

The correct option is D Option (a) and (b) both.

Explanation:

Option (c) is incorrect because the aforesaid amendment was brought about by the 38 Amendment Act 1975.

Option (a) and (b) are correct.

  • 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 are some other changes by the 44th amendment act.

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