Advocatetanmoy Law Library
44. The Constitution (Forty-fourth Amendment) Act, 1978—The right to property which had been
the occasion for more than one amendment of Constitution was omitted as a Fundamental Right and it
was made only as a legal right. It was, however, ensured that the removal of the right to property from
the list of Fundamental Rights would not affect the right of minorities to establish and administer
educational institutions of their choice. Article 352 of the Constitution was amended to provide
“armed rebellion” as one of the circumstances for declaration of emergency. Internal disturbance not
amounting to armed rebellion would not be a ground for the issuance of a Proclamation. The right to
personal liberty as contained in Articles 21 and 22 is further strengthened by the provision that a law
for preventive detention cannot authorise, in any case, detention for a longer period than two months
unless an Advisory Board has reported that there is sufficient cause for such detention. The additional
safeguard has also been provided by the requirements that Chairman of an Advisory Board shall be a
serving Judge of the appropriate High Court and that the Board shall be constituted in accordance
with the recommendations of the Chief Justice of that High Court.
With a view to avoid delays, Articles 132 and 134 were amended and a new Article 134A was
inserted to provide that a High Court should consider the question of granting a certificate for appeal
to Supreme Court immediately after the delivery of the judgement, final order or sentence concerned
on the basis of an oral application by a party or, if the High Court deems it so to do, on its own. The
other amendments made by the Act are mainly for removing or correcting the distortions which came
into the Constitution by reason of the amendment initiated during the period of internal emergency.
45. The Constitution (Forty-fifth Amendment) Act, 1980—This was passed to extend safeguards in
respect of reservation of seats in Parliament and State Assemblies for Scheduled Castes, Scheduled
Tribes as well as for Anglo-Indians for a further period of ten years.
