Statement A is true. The 44th Amendment Act, 1978, was enacted by the Janata Party government that came to power after the Emergency. Statement B is true. The 44th Amendment made significant changes to the Constitution, largely undoing or modifying several provisions introduced by the 42nd Amendment Act, 1976 (often called the 'Mini Constitution'). Statement C is true. The 42nd Amendment made the President bound by the advice of the Council of Ministers. The 44th Amendment added the provision that the President can send back the advice for reconsideration, but if the Council of Ministers sends the same advice again, the President "shall act in accordance with the advice." This clarified the ultimate binding nature of the reconsidered advice, reinforcing the principle that the President cannot act against the final advice, though it added a limited power of review. Statement D is false. As per the 44th Amendment (Article 74), the President can require the Council of Ministers to reconsider the advice, but this power can be exercised only once. The President is bound by the advice tendered after such reconsideration.
What is not true about the 44th Constitutional Amendment?
Asked in CGPSC Prelims Exam 2021 · Topic: Constitutional Amendments (Key Constitutional Amendments and their Impact: (e.g., 1st, 42nd, 44th, 73rd, 74th, 97th, 99th, 101st, 102nd, 103rd, 104th, 105th))
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Answer: D. As per this amendment President can return the advice of Council of Ministers for reconsider‐ ation as many times as he want till he is satisfied
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