Why this matters now
The 44th Amendment is tested for the Emergency safeguards story, the conversion of the Right to Property from a Fundamental Right (Article 31) to a constitutional/legal right (Article 300A), and as the chief example of one Parliament rolling back another’s constitutional changes.
Context: Janata wave, 1977
Indira Gandhi lifted the Emergency on 21 March 1977 and called general elections; the Janata coalition (Morarji Desai PM) swept Congress out with 295 seats vs 154. Reversing the 42nd’s authoritarian features was the new government’s constitutional priority.
Key changes
| Area | Change |
|---|---|
| Lok Sabha & SLA term | Restored from 6 years back to 5 years. |
| Right to Property | Removed from FRs — Articles 19(1)(f) and 31 deleted; reinserted as Article 300A (legal right; protected by ordinary law, not Part III). |
| Emergency (Article 352) | Ground “internal disturbance” replaced with “armed rebellion”; written advice of Cabinet mandatory for the President; Emergency proclamation must be approved by Lok Sabha & Rajya Sabha within 1 month (was 2) by special majority. |
| Articles 20 & 21 | Cannot be suspended even during Emergency (Art 359 amended). Reverses ADM Jabalpur 1976. |
| Article 74 | President may return advice for reconsideration ONCE; bound to act on the reconsidered advice. |
| Article 132/133/134 | SC’s power of judicial review restored where the 42nd had restricted it. |
| President’s Rule (Article 356) | Can be extended beyond 1 year only with President’s satisfaction that the elections cannot be held. |
| Council of Ministers | Cannot challenge a Court order under Article 226/32; reaffirmed Council strength. |
What the 44th did NOT roll back
Socialist, Secular, Integrity in the Preamble — retained. Fundamental Duties (Article 51A) — retained. The 5 subjects moved to Concurrent List by the 42nd — retained. Tribunals (Articles 323A, 323B) — retained. The 42nd’s structural moves stayed; its authoritarian excesses went.
UPSC angle
Know 44th Amendment 1978 — Janata Govt rollback of 42nd; Lok Sabha/SLA back to 5 yr; Right to Property removed from FRs and made Article 300A legal right; Emergency ground “internal disturbance”→“armed rebellion”; Cabinet’s WRITTEN advice mandatory; Articles 20 & 21 NOT suspendable even during Emergency (reverses ADM Jabalpur); President may return advice once. Did NOT remove Socialist/Secular/Integrity or Fundamental Duties.
Frequently asked questions
Did the 44th Amendment undo everything in the 42nd?
No — it removed authoritarian features (Emergency, Lok Sabha term, judicial review limits) but kept structural changes like Fundamental Duties, Socialist/Secular Preamble, and the 5 subjects moved to Concurrent List.
Is the Right to Property still a Fundamental Right?
No — the 44th Amendment removed it from Part III and made it a legal right under Article 300A.
What replaced “internal disturbance” as an Emergency ground?
“Armed rebellion” — making the threshold harder.
Can Articles 20 and 21 be suspended during Emergency now?
No — Article 359 (as amended by the 44th) explicitly bars their suspension. This reversed the ADM Jabalpur (1976) precedent.