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    Question

    Which of the following describes the effect of the 44th

    Amendment (1978) of the Constitution on property and emergency provisions?
    A It made the Right to Property a Fundamental Right. Correct Answer Incorrect Answer
    B It removed certain emergency provisions and made right to property a constitutional (not fundamental) right, among other changes to safeguard civil liberties. Correct Answer Incorrect Answer
    C It strengthened Article 356 by removing judicial review. Correct Answer Incorrect Answer
    D It abolished Part IX/IXA. Correct Answer Incorrect Answer
    E It abolished the Ninth Schedule. Correct Answer Incorrect Answer

    Solution

    The 44th Constitutional Amendment Act, 1978 was enacted in the aftermath of the Emergency (1975–77) 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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