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.

30 Apr 1979
Came into force
Janata
Morarji Desai PM
Right to Property
FR → Article 300A
Armed rebellion
Replaces internal disturbance

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

AreaChange
Lok Sabha & SLA termRestored from 6 years back to 5 years.
Right to PropertyRemoved 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 & 21Cannot be suspended even during Emergency (Art 359 amended). Reverses ADM Jabalpur 1976.
Article 74President may return advice for reconsideration ONCE; bound to act on the reconsidered advice.
Article 132/133/134SC’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 MinistersCannot 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.