44th Amendment
Removed the right to property from Fundamental Rights.
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Replaced 'internal disturbance' with 'armed rebellion' as a ground for a National Emergency.
Quick recall
- What ground for national emergency did the 44th Amendment replace?
- 'Internal disturbance' was replaced by 'armed rebellion'.
- Which rights cannot be suspended during an emergency?
- Articles 20 and 21.
- Where did the right to property move?
- Article 300A.
- What must the President receive before proclaiming an emergency?
- The Cabinet's decision in writing.
- Which Articles on property were deleted?
- Articles 19(1)(f) and 31.
- Which government passed it?
- The Janata Party government.
Asked before in UPSC
Recurring theme: Status of the right to property after its removal from Part III
The 44th Amendment deleted Article 31 and made property a legal right under Article 300A available to any person.
The basics
Why it matters
The 44th Amendment (1978) was passed by the Janata government to undo the Emergency-era changes and protect civil liberties against future misuse of emergency powers.
Key safeguards
It rebuilt protections against abuse of power.
- 1National emergency'Armed rebellion' replaces 'internal disturbance'
- 2Written adviceCabinet decision must be in writing
- 3Articles 20 and 21Cannot be suspended in an emergency
- 4PropertyMoved from fundamental right to Article 300A
You now know
- Passed in 1978 to reverse Emergency excesses.
- 'Armed rebellion' replaced 'internal disturbance' in Article 352.
- Articles 20 and 21 cannot be suspended during an emergency.
- Right to property became a constitutional right under Article 300A.
Go deeper
In one line: The 44th Amendment built safeguards so that emergency powers could not again be used to suspend basic freedoms.
Why it matters for UPSC
Emergency provisions and the Right to property are frequent questions.
The core idea
It made emergencies harder to declare and protected life and liberty even during an National emergency.
Where to go next
- National emergency: Article 352 and its safeguards
- Right to property: From fundamental right to Article 300A
In one line: The 44th Amendment is the constitutional memory of the Emergency.
Safeguards
Written Cabinet advice, parliamentary approval within one month by special majority, and review every six months for a National emergency.
Property
The Right to property became a legal and constitutional right, not a fundamental one.
Where to go next
- National emergency: Article 352 and its safeguards
- Right to property: From fundamental right to Article 300A
National emergency
Article 352 and its safeguards
In one line: Article 352 allows a national emergency on grounds of war, external aggression or armed rebellion.
Approval
By both Houses within one month by a special majority, renewed every six months.
History
Declared in 1962, 1971 and 1975.
Where to go next
- Right to property: From fundamental right to Article 300A
Right to property
From fundamental right to Article 300A
In one line: The right to property is now a constitutional right under Article 300A.
Meaning
No one can be deprived of property except by authority of law.
Change
The 44th Amendment removed it from fundamental rights.
Where to go next
- National emergency: Article 352 and its safeguards
Prelims-style quiz
The right to property was removed from Part III by the:
- 44th Amendment
- 42nd Amendment
- 86th Amendment
- 73rd Amendment
Show answer
Answer: (a) 44th Amendment. The 44th Amendment, 1978.
Consider the following:
1. After the 44th Amendment, Article 21 cannot be suspended during an emergency.
2. A national emergency can be declared on grounds of internal disturbance.
Which of the statements given above is/are correct?- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Show answer
Answer: (a) 1 only. 'Internal disturbance' was replaced by 'armed rebellion'.
A national emergency is proclaimed under:
- Article 356
- Article 365
- Article 352
- Article 360
Show answer
Answer: (c) Article 352. Article 352.
The right to property is now in:
- Article 19(1)(f)
- Article 31
- Article 21
- Article 300A
Show answer
Answer: (d) Article 300A. Article 300A.