Which of the following provisions are added by the 44th Amendment Act, 1978? 1) Right to property deleted from the list of Fundamental Rights 2) National emergency to be declared by only on the written recommendation of the cabinet. 3) The term ‘armed rebellion’ in respect of national emergency was replaced by ‘internal disturbance’. 4) The jurisdiction of the Supreme Court and the high courts in respect of judicial review was re-established.

Which of the following provisions are added by the 44th Amendment Act, 1978? 1) Right to property deleted from the list of Fundamental Rights 2) National emergency to be declared by only on the written recommendation of the cabinet. 3) The term ‘armed rebellion’ in respect of national emergency was replaced by ‘internal disturbance’. 4) The jurisdiction of the Supreme Court and the high courts in respect of judicial review was re-established. Correct Answer All of the above

  • 44th Amendment Act, 1978 was enacted by the Janata Government.
  • The purpose of this amendment act was mainly to nullify some of the provisions introduced by the 42nd Amendment Act, 1976.

44th Amendment Act, 1978 amended the following provisions in the constitution of India:

  • The jurisdiction of the Supreme Court and the high courts in respect of judicial review was re-established.
  • The term ‘armed rebellion’ in respect of national emergency was replaced by ‘internal disturbance’.
  • Made the President declare a national emergency only on the written recommendation of the cabinet.
  • The right to property was made only a legal right and it was deleted from the list of Fundamental Rights.

Related Questions

A five-judge bench of the Supreme Court passes judgment in a matter. In a later case before a high court, a party presents the Supreme Court judgment as a binding authority. The opposing party claims that the high court is not bound by the Supreme Court's judgment because relevant provisions of law were not brought to the notice of the Supreme Court in that case. Which of the following is most correct in this case?
Principle: Article 141 of the Constitution provides that the law declared by the Supreme Court is binding on all courts within the territory of India.