44th Amendment to the Constitution of India

E448912

Amendment to the Constitution of India Indian constitutional amendment

The 44th Amendment to the Constitution of India is a landmark constitutional reform enacted in 1978 that curtailed the sweeping powers introduced during the Emergency, strengthened civil liberties, and sought to prevent future abuses of emergency provisions.

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Observed surface forms (1)

Surface form	Occurrences
Constitution (Forty-fourth Amendment) Act, 1978	1

Statements (46)

Predicate	Object
instanceOf	Amendment to the Constitution of India ⓘ Indian constitutional amendment ⓘ
affectedArticle	Article 19 of the Constitution of India NERFINISHED ⓘ Article 352 of the Constitution of India NERFINISHED ⓘ Article 352(1) of the Constitution of India NERFINISHED ⓘ Article 356 of the Constitution of India NERFINISHED ⓘ Article 359 of the Constitution of India ⓘ Article 74 of the Constitution of India ⓘ Article 83 of the Constitution of India ⓘ
affectedPart	Part III of the Constitution of India NERFINISHED ⓘ Part XVIII of the Constitution of India NERFINISHED ⓘ
aim	to protect democratic institutions from authoritarian misuse ⓘ to reinforce the supremacy of civil liberties ⓘ
amendmentNumber	44 ⓘ
assentBy	President of India NERFINISHED ⓘ
assentDate	1978-04-30 ⓘ
category	1978 in Indian law ⓘ Constitutional law of India NERFINISHED ⓘ
context	post-Emergency constitutional reform ⓘ
country	India ⓘ
effect	introduced safeguards against misuse of Article 352 ⓘ limited the scope of suspension of fundamental rights during emergency ⓘ made it more difficult to proclaim a national emergency ⓘ provided for periodic parliamentary review of emergency proclamations ⓘ provided that certain freedoms under Article 19 cannot be suspended except in case of war or external aggression ⓘ required special majority for approval of emergency proclamations ⓘ required that a proclamation of emergency be approved by both Houses of Parliament ⓘ required written advice of the Council of Ministers to the President ⓘ restored certain fundamental rights curtailed during the Emergency ⓘ restored the right to property as a legal right rather than a fundamental right ⓘ restricted the duration of President's Rule under Article 356 ⓘ strengthened judicial review of emergency-related actions ⓘ
enactmentDate	1978-04-30 ⓘ
enactmentYear	1978 ⓘ
historicalSignificance	considered a landmark in restoring constitutional balance after the Emergency ⓘ
introducedBy	Janata Party government NERFINISHED ⓘ
legalStatus	in force ⓘ
legislature	Parliament of India NERFINISHED ⓘ
partOf	Constitution of India NERFINISHED ⓘ
purpose	to curtail sweeping powers introduced during the Emergency ⓘ to prevent abuse of emergency provisions ⓘ to reverse several provisions of the 42nd Amendment ⓘ to strengthen civil liberties ⓘ
relatedTo	42nd Amendment to the Constitution of India NERFINISHED ⓘ Emergency in India (1975–1977) NERFINISHED ⓘ
shortName	Forty-fourth Amendment NERFINISHED ⓘ

Referenced by (3)

Full triples — surface form annotated when it differs from this entity's canonical label.

Article 124 of the Constitution of India → amendedBy → 44th Amendment to the Constitution of India ⓘ

this entity surface form: Constitution (Forty-fourth Amendment) Act, 1978

Article 74 of the Constitution of India → amendedBy → 44th Amendment to the Constitution of India ⓘ

Indian Emergency (1975–1977) → impactOnConstitution → 44th Amendment to the Constitution of India ⓘ