- The 44th Amendment Act of 1978 brought significant changes to the National Emergency provisions (Article 352) to prevent misuse, particularly in light of the 1975 emergency. - It mandated a written recommendation from the Union Cabinet to the President for issuing a proclamation of National Emergency (Statement A). - It replaced the vague term 'internal disturbance' with the more specific term 'armed rebellion' as a ground for declaring National Emergency (Statement B). - It clarified that Fundamental Rights under Article 19 can be suspended only when the National Emergency is declared on grounds of war or external aggression (Article 358), but not on grounds of armed rebellion (Statement C, facilitated by changes in Article 359). - The 44th Amendment also introduced provisions for parliamentary control over the emergency. It stipulated that if the Lok Sabha passes a resolution disapproving the continuance of the proclamation, the President shall revoke the proclamation (Article 352(7)).
Which one of the following has not been provided by the 44th Constitutional Amendment Act of 1978 relating to National Emergency?
Asked in MPSC CS Prelims 2019 · Topic: Emergency Provisions (Key Constitutional Amendments related to Emergency Provisions (e.g., 44th Amendment Act))
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Answer: D. The President must issue a proclamation of revocation any time if any House of Parliament passes a resolution disapproving of the continu‐ ance of the proclamation.
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