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The 44th Constitutional Amendment Act (1978) introduced key safeguards against misuse of Emergency provisions. Which of the following was NOT a safeguard introduced by this Amendment?
- 'Internal disturbance' replaced with 'armed rebellion' in Article 352
- Written advice of Cabinet required for Emergency proclamation
- Fundamental Rights under Articles 20-21 cannot be suspended during Emergency
- Emergency automatically expires after 3 months without Parliamentary renewal
Answer: Emergency automatically expires after 3 months without Parliamentary renewal
44th Amendment Emergency safeguards: (a) Key safeguards introduced (1978): (i) 'Internal disturbance' replaced with 'armed rebellion' in Article 352 to prevent political misuse, (ii) Written advice of Cabinet (not just PM) required for Emergency proclamation, (iii) Parliamentary approval within 1 month by special majority (not simple majority), (iv) Emergency expires after 6 months unless renewed by Parliament, (v) Fundamental Rights under Articles 20-21 cannot be suspended even during Emergency, (vi) Judicial review of Emergency proclamation permitted, (b) NOT introduced: Automatic expiry after 3 months — Emergency expires after 6 months unless renewed, (c) Rationale: Prevent recurrence of 1975-77 Emergency misuse while preserving Union's ability to respond to genuine crises, (d) Applications: (i) Post-1978: No National Emergency proclaimed, reflecting effectiveness of safeguards, (ii) Judicial review: Courts can examine whether Emergency based on objective material, not political considerations, (e) Illustrates constitutional learning: 44th Amendment represents institutional learning from 1975 Emergency; safeguards balance crisis response capacity with prevention of political misuse.