google.com, pub-1675275063806243, DIRECT, f08c47fec0942fa0 INDIAN POLITY AND INDIAN HISTORY : 1985
Showing posts with label 1985. Show all posts
Showing posts with label 1985. Show all posts

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Amendment Act, 1978 (w.e.f June- September, 1979):  The amendment was brought by the Janata Party Government which repealed some of the changes affected by 42nd Amendment, omitted a few and provided alterations.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.