The 44th amendment to the Indian Constitution was passed after the revocation of internal emergency in 1977. It annulled many anti-democratic provisions of the 42nd amendment enacted during the emergency. It also tried to ensure that in future, an emergency would not be easily imposed, also added some features to prevent any future misuse of power.
Important changes made are as follows-
- Article 20 & Article 21 will be never suspended even during emergency and other fundamental rights won’t suspend automatically, it needs separate order by president.
- Proclamation of Emergency requires “written advise” of the cabinet and not the prime minister alone.
- Proclamation of Emergency has to be approved within one month of the reassembly of Parliament.
- Term ‘Internal disturbances’ was replaced with ‘armed rebellion’ as a cause for imposing emergency.
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