Log in

WBCS Preliminary Examination 2024 — General Studies · Question 145 of 200

Q145
Indian PolityConstitutional Amendments
Which amendment made written advice of Cabinet mandatory for Emergency declaration?
  1. a.42nd Amendment
  2. b.52nd Amendment
  3. c.86th Amendment
  4. d.44th Amendment

Answer: (D) 44th Amendment

The 44th Amendment Act, 1978, passed by the Janata government to prevent a repeat of the 1975-77 Emergency, provides that the President can proclaim a National Emergency under Article 352 only on the written advice of the Union Cabinet. It also replaced 'internal disturbance' with 'armed rebellion', required parliamentary approval within one month by a special majority and renewal every six months, protected Articles 20 and 21 from suspension, and removed the right to property from the Fundamental Rights (now Article 300A). The distractors: the 42nd Amendment (1976), the 'mini-Constitution' that added Socialist, Secular and Integrity to the Preamble and the Fundamental Duties; the 52nd (1985), the anti-defection law; the 86th (2002), the right to education (Article 21A).