The Constitution (Forty-fourth Amendment) Act 1978

In one line

The amendment that answered the Emergency, provision by provision, and whose most important change to preventive detention was never notified.

In the wording a student can write in an exam: the Constitution (Forty-fourth Amendment) Act 1978, most of it in force from 20 June 1979, was enacted by the Parliament elected after the Emergency to undo the constitutional changes made during it and to make its repetition harder. It substituted armed rebellion for internal disturbance in article 352, required the Union Cabinet's decision to be communicated to the President in writing, shortened the periods and raised the majorities for approving a Proclamation, and gave the House of the People power to compel revocation. It confined article 358 to Proclamations on the ground of war or external aggression and to laws containing a recital. It removed articles 20 and 21 from the reach of an order under article 359. It removed the clauses inserted by the 38th Amendment making the President's and Governor's satisfaction final and conclusive. It restricted the continuance of President's rule beyond a year. It deleted the right to property from Part III and re-enacted it as article 300A. It inserted article 361A protecting the publication of proceedings of the legislatures. And it amended article 22, which was never brought into force.

The changes, grouped by what they answer

The Proclamation itself, article 352

Armed rebellion for internal disturbance, in clause (1). Answers the recital of 1975.

The Union Cabinet's written decision, clause (3). Answers the Proclamation issued on the Prime Minister's advice alone.

One month unapproved, six months when approved, clauses (4) and (5). Answers an emergency of twenty one months.

Total membership majority and two thirds present and voting, clause (6). Answers approval by an ordinary majority.

Revocation on a resolution of the House of the People, and a special sitting on the notice of one tenth of the members within fourteen days, clauses (7) and (8). Answers the absence of any means by which the House could end it.

The Explanation permitting a Proclamation on imminent danger was also inserted by this amendment, which is the one enlargement it made.

These are worked in [The Grounds, and the Safeguards the 44th Amendment Added].

The fundamental rights, articles 358 and 359

Article 358 confined to war and external aggression, and to laws containing a recital, by the new clause (2). Answers the automatic suspension of article 19 during an emergency proclaimed on a domestic ground.

Articles 20 and 21 excepted from article 359(1) and (1A), so that no Presidential order can ever again suspend the right to move a court for their enforcement. Answers the order of 27 June 1975 and the decision in ADM Jabalpur v. Shivkant Shukla, AIR 1976 SC 1207.