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In India, which of the following Constitutional Amendments inserted the phrase 'armed rebellion', replacing the original phrase 'internal disturbance' as one of the grounds for the proclamation of emergency under Article 352?
24th Amendment
38th Amendment
42nd Amendment
44th Amendment
Under Article 352 of the Indian Constitution, the president can declare an emergency when the security of India or a part of it is threatened by war, external aggression, or armed rebellion. This is popularly known as a 'National Emergency'. However, the Constitution employs the expression 'proclamation of emergency' to denote an emergency of this type. • The phrase 'armed rebellion' was inserted by the 44th Amendment Act of 1978, replacing the original phrase 'internal disturbance'. • Other Key provisions of the 44th Amendment Act of 1978: o Fundamental Rights: The 44th Amendment Act restored the right to property as a legal right, but it was removed as a fundamental right. This meant that property rights were still protected, but they could no longer be enforced through a direct constitutional remedy. o Right to Life: The amendment added "personal liberty" to Article 21 of the Constitution, making it more comprehensive. o Abolition of Privy Purses: The amendment abolished the privy purse and special privileges granted to the former princely states after Independence. o Anti-Defection Law: The Tenth Schedule was added to the Constitution by the 44th Amendment Act, which aimed to curb political defections • Further, it made President to declare a national emergency only on the written recommendation of the cabinet. • Hence, option (d) is the correct answer.
By: Parvesh Mehta ProfileResourcesReport error
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