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Wednesday, 11 February 2015

43rd Constitutional Amendment Act, 1977

43rd Constitutional Amendment Act, 1977 (w.e.f. 13.04.1978): The 43rd amendment omitted many articles inserted by 42nd Amendment. It restored the jurisdiction of the Supreme Court and the Gigh Courts, which had been curtailed under the 42nd Amendment.
44th Constitutional Amendment Act, 1978 (w.e.f June- September, 1979):  The amendment was brought by the Janata Party Government which repealed some of the changes affected by 42nd Amendment, omitted a few and provided alterations. Right to property was taken away from the list of Fundamental Rights and placed in a new Art. 300 A as an ordinary legal right. Constitutionality of the Proclamation of Emergency by the President could be questioned in a court on the ground of malafide (42nd Amendment had made it immune from judicial review). It brought the revocation of a Proclamation under parliamentary control. In Article 352 regarding National Emergency, the words ‘internal disturbance’ were substituted by the words’ armed rebellion’. It authorized the President to refer back the advice to the Council of Ministers for reconsideration, but made it binding for the President to act on the reconsidered advice. The power of the Courts to decide disputes regarding election of Prime Minister and Speaker was restored. Constitutional protection on publication of proceedings of parliament and State Legislatures was provided.
52nd Constitutional Amendment Act, 1985: This amendment was brought about during Rajiv Gandhi regime with a view to put an end to political defections. It added Tenth Schedule to the Constitution containing the modes for disqualification in case of defection from the parliament or State Legislature.

55th Constitutional Amendment Act, 1986 (w.e.f. 20.02.1987):  The formation of Arunachal Pradesh took place with special powers given to the Governor. It also provided for a 30- member State Assembly.
56th Constitutional Amendment Act, 1987: Goa was made a fully fledged State with a State assembly but Daman and Diu stayed as UT.
57th constitutional amendment Act, 1987: It provided for reservation of seats for Scheduled Tribes of Nagaland, Meghalaya, Mizoram and Arunachal Pradesh in Lok Sabha. Seats were also reserved for the Scheduled Tribles of Nagaland and Meghalaya in the state Assemblies of Nagaland and Meghalaya.
58th Constitutional Amendment Act, 1987: An authoritative text of the Constitution in Hindi was provided to the people of India by the President.
59th Constitutional Amendment Act, 1988: It amended Art. 356 to provide that the declaration of Emergency may remain in operation up to 3 years and also authorized the Government to proclaim emergency in Punjab on ground of ‘ internal disturbance’ . The amendment made in Art. 352 thus provided that the emergency with respect to Punjab shall operate only in that State.

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