The famous Forty-Fourth Amendment Act, 1978 of the Constitution was enacted mainly to
Provide that state trading and nationalisation of any trade or business by the state is not to be invalid on the ground of violation of the right to trade or business
Incorrect AnswerMake the scale of compensation given in lieu of compulsory acquisition of private property beyond the scrutiny of courts
Incorrect AnswerNullify some of the provisions introduced by the 42nd Amendment Act, 1976
Correct AnswerAbolished the system of Election Tribunals and vested the power to hear election petitions in the High Courts
Incorrect AnswerExplanation:
Provisions were:
- Restored the original term of the Lok Sabha and the state legislative assemblies (i.e., 5 years)."
- Restored the provisions with regard to quorum in the Parliament and state legislatures.
- Omitted the reference to the British House of Commons in the provisions pertaining to the parliamentary privileges.
- Gave constitutional protection to publication in newspaper of true reports of the proceedings of the Parliament and the state legislatures.
- Empowered the president to send back once the advice of cabinet for reconsideration. But, the reconsidered advice is to be binding on the president.
- Deleted the provision which made the satisfaction of the president, governor and administrators final in issuing ordinances.
- Restored some of the powers of the Supreme Court and high courts.
- Replaced the term ‘internal disturbance’ by ‘armed rebellion’ in respect of national emergency.
- Made the President to declare a national emergency only on the written recommendation of the cabinet.
- Made certain procedural safeguards with respect to national emergency and President’s rule.
- Deleted the right to property from the list of Fundamental Rights and made it only a legal right.
- Provided that the fundamental rights guaranteed by Articles 20 and 21 cannot be suspended during a national emergency.
- Omitted the provisions which took away the power of the court to decide the election disputes of the president, the vice-president, the prime minister and the Speaker of the Lok Sabha.
By: Parvesh Mehta ProfileResourcesReport error