Question
Which of the following describes the effect of the 44th
Amendment (1978) of the Constitution on property and emergency provisions?Solution
The 44th Constitutional Amendment Act, 1978 was enacted in the aftermath of the Emergency (1975β77) to restore democratic safeguards. It curtailed the scope of Emergency powers under Articles 352, 356, and 359, and made it more difficult to suspend Fundamental Rights. Importantly, it removed the Right to Property from Part III and introduced Article 300A, redefining it as a constitutional legal right. The amendment also restored judicial review and reinforced civil liberties. In Minerva Mills v. Union of India (1980), the Supreme Court acknowledged the 44th Amendment as a corrective measure aimed at preserving constitutional balance and preventing authoritarian misuse of power.
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