The 42nd and 44th Amendment Acts brought significant changes to the emergency provisions in the Indian Constitution, specifically amending Article 352 (National Emergency), Article 356 (State Emergency), and Article 359 (Suspension of the enforcement of the rights conferred by Part III during emergencies).
42nd Amendment Act, 1976:
1. Changes in Article 352 (National Emergency):
- The 42nd Amendment amended Article 352 to explicitly state that a proclamation of a National Emergency on the grounds of “internal disturbance” would be valid only if the President was satisfied that the security of India or any part thereof was threatened by armed rebellion or external aggression.
- It removed the term “internal disturbance” as a ground for proclaiming a National Emergency.
2. Changes in Article 359 (Suspension of Fundamental Rights):
- The 42nd Amendment inserted a new clause to Article 359, making it explicit that the suspension of the enforcement of fundamental rights during a National Emergency would not affect the right to move the Supreme Court for the enforcement of rights under Article 21 (right to life and personal liberty).
3. Addition of Article 51A (Fundamental Duties):
- The 42nd Amendment introduced Article 51A, which lays down the fundamental duties of citizens. It emphasizes the duties of citizens towards the nation.
4. Expansion of Directive Principles of State Policy:
- The Directive Principles of State Policy (Part IV) were expanded with the addition of new principles and policies, reflecting a shift in the balance between fundamental rights and directive principles.
44th Amendment Act, 1978:
1. Restoration of Judicial Review:
- The 44th Amendment restored the power of judicial review, affirming that the satisfaction of the President in declaring a National Emergency is subject to judicial review. This was a significant change from the earlier position where the President’s satisfaction was considered final.
2. Changes in Article 352 (National Emergency):
- The 44th Amendment clarified that a proclamation of National Emergency could be revoked by the President at any time, even before receiving parliamentary approval.
3. Changes in Article 356 (State Emergency):
- The amendment added a new provision (Article 356(1A)), stating that the President’s Rule in a state could be extended beyond one year with parliamentary approval, provided certain conditions were met.
4. Changes in Article 359 (Suspension of Fundamental Rights):
- The 44th Amendment narrowed down the scope of the suspension of fundamental rights during emergencies. It specified that only the right to move the court for the enforcement of rights under Article 21 could be suspended during a National Emergency.
5. Changes in Article 358 (Effect of Proclamation of Emergency on the Rights Conferred by Part III):
- The amendment clarified that the suspension of fundamental rights under Article 359 would not affect the operation of Article 358, which allows the suspension of some constitutional rights during a National Emergency.
These amendments aimed to rectify some of the perceived excesses and flaws in the emergency provisions introduced earlier. The changes brought by the 44th Amendment, in particular, were significant in restoring the balance between individual rights and state powers during emergencies.
