The Forty-fourth Amendment of the Constitution of India, officially known as the Constitution (Forty-fourth Amendment) Act, 1978, was enacted by the
Janata Party
The Janata Party ( JP, lit. ''People's Party'') was a political party that was founded as an amalgam of Indian political parties opposed to the Emergency that was imposed between 1975 and 1977 by Prime Minister Indira Gandhi of the Indian Nati ...
which had won the
1977general elections campaigning on a promise to "restore the Constitution to the condition it was in before the Emergency". The Amendment aimed to undo several changes that had been made to the Constitution by the
42nd
4 (four) is a number, numeral and digit. It is the natural number following 3 and preceding 5. It is the smallest semiprime and composite number, and is considered unlucky in many East Asian cultures.
In mathematics
Four is the smallest c ...
Amendment An amendment is a formal or official change made to a law, contract, constitution, or other legal document. It is based on the verb to amend, which means to change for better. Amendments can add, remove, or update parts of these agreements. The ...
which had been enacted by the
Indira Gandhi
Indira Priyadarshini Gandhi (; Given name, ''née'' Nehru; 19 November 1917 – 31 October 1984) was an Indian politician and a central figure of the Indian National Congress. She was elected as third prime minister of India in 1966 ...
-led
Indian National Congress
The Indian National Congress (INC), colloquially the Congress Party but often simply the Congress, is a political party in India with widespread roots. Founded in 1885, it was the first modern nationalist movement to emerge in the British Em ...
during
the Emergency.
Legislative history
The bill of the Constitution (Forty-fourth Amendment) Act, 1978 was introduced in the
Lok Sabha
The Lok Sabha, constitutionally the House of the People, is the lower house of India's bicameral Parliament, with the upper house being the Rajya Sabha. Members of the Lok Sabha are elected by an adult universal suffrage and a first-past ...
on 16December 1977 as the Constitution (Forty-fourth Amendment) Bill, 1977. It was introduced by
Shanti Bhushan
Shanti Bhushan (born 11 November 1925) is an Indian politician and lawyer. He served as the Law Minister of India holding office at the Ministry of Law and Justice from 1977 to 1979 in the Morarji Desai Ministry. He is a senior advocate of the ...
,
Minister of Law, Justice and Company Affairs. The bill sought to amend articles 19, 22, 30, 31A, 31C, 38, 74, 77, 83, 105, 123, 132, 133, 134, 139A, 150, 166, 172, 194, 213, 217, 225, 226, 227, 239B, 329, 352, 356, 358, 359, 360, 366, 368 and 371F and the Seventh and Ninth Schedules to the Constitution; substitute new articles for articles 71, 103 and 192; insert new articles 134A, 361A and Chapter IV in Part XIII of the Constitution; and omit articles 31, 257A and 329A and Part XIVA of the Constitution. The Bill also sought repeal sections 18, 19, 21, 22, 31, 32, 34, 35, 58 and 59 of the 42nd Amendment Act.
The bill was debated by the Lok Sabha on 7, 8, 9, 10, 11, 12, 21, 22 and 23 August 1978. Clauses 1, 15 and 26 of the Bill were adopted by the Lok Sabha on 22 August with formal amendments to replace the word "Forty-fifth" with the word "Forty-fourth". Clauses 2 to 14, 16 to 20, 23 to 25, 27 to 40 and 42 to 49 were adopted in their original form. Clause 21, 22, and 41 of the bill were adopted by the House with amendments. The Bill was passed by the Lok Sabha on 23 August.
The Bill, as passed by the Lok Sabha, was considered by the Rajya Sabha on 28, 29, 30 and 31 August. Clauses 1, 15 and 26 of the Bill were adopted by the Rajya Sabha on 31 August. However, the House rejected some clauses of the Bill. The motion to adopt clauses 8, 44 and 45 which would have amended articles 31C, 366 and 368 respectively failed to secure the required
supermajority
A supermajority, supra-majority, qualified majority, or special majority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a simple majority. Supermajority ru ...
. Clause 35 of the Bill which sought to omit Part XIV-A of the Constitution also did not receive support. The Bill was passed by the Rajya Sabha with amendments on 31 August.
The Bill, as amended by the Rajya Sabha, was considered by the Lok Sabha on 6 and 7 December. The House accepted the amendement made by the Rajya Sabha and the bill passed by the Lok Saba on 7 December 1978. The bill, after ratification by the states, received assent from
President
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*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
Neelam Sanjiva Reddy
Neelam Sanjiva Reddy (; 19 May 1913 – 1 June 1996) was an Indian politician who served as the sixth President of India, serving from 1977 to 1982. Beginning a long political career with the Indian National Congress Party in the independence ...
and was notified in ''
The Gazette of India
''The Gazette of India'' is a public journal and an authorised legal document of the Government of India, published weekly by the Department of Publication, Ministry of Housing and Urban Affairs. As a public journal, the ''Gazette'' prints offic ...
'' on 30 April 1979. Sections 2, 4 to 16, 22, 23, 25 to 29, 31 to 42, 44 and 45 came into force on the same date, Sections 17 to 21 and 30 came into force on 1 August 1979, and Sections 24 and 43 came into force on 6 September 1979.
Ratification
The Act was passed in accordance with the provisions of Article 368 of the Constitution, and was
ratified
Ratification is a principal's approval of an act of its agent that lacked the authority to bind the principal legally. Ratification defines the international act in which a state indicates its consent to be bound to a treaty if the parties inten ...
by more than half of the State Legislatures, as required under Clause (2) of the said article. State Legislatures that ratified the amendment are listed below:
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Andhra Pradesh
Andhra Pradesh (, abbr. AP) is a state in the south-eastern coastal region of India. It is the seventh-largest state by area covering an area of and tenth-most populous state with 49,386,799 inhabitants. It is bordered by Telangana to the ...
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Assam
Assam (; ) is a state in northeastern India, south of the eastern Himalayas along the Brahmaputra and Barak River valleys. Assam covers an area of . The state is bordered by Bhutan and Arunachal Pradesh to the north; Nagaland and Manipur ...
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Bihar
Bihar (; ) is a state in eastern India. It is the 2nd largest state by population in 2019, 12th largest by area of , and 14th largest by GDP in 2021. Bihar borders Uttar Pradesh to its west, Nepal to the north, the northern part of West Be ...
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Gujarat
Gujarat (, ) is a state along the western coast of India. Its coastline of about is the longest in the country, most of which lies on the Kathiawar peninsula. Gujarat is the fifth-largest Indian state by area, covering some ; and the ninth ...
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Haryana
Haryana (; ) is an Indian state located in the northern part of the country. It was carved out of the former state of East Punjab on 1 Nov 1966 on a linguistic basis. It is ranked 21st in terms of area, with less than 1.4% () of India's land ar ...
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Himachal Pradesh
Himachal Pradesh (; ; "Snow-laden Mountain Province") is a state in the northern part of India. Situated in the Western Himalayas, it is one of the thirteen mountain states and is characterized by an extreme landscape featuring several peaks ...
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Madhya Pradesh
Madhya Pradesh (, ; meaning 'central province') is a state in central India. Its capital is Bhopal, and the largest city is Indore, with Jabalpur, Ujjain, Gwalior, Sagar, and Rewa being the other major cities. Madhya Pradesh is the seco ...
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Maharashtra
Maharashtra (; , abbr. MH or Maha) is a states and union territories of India, state in the western India, western peninsular region of India occupying a substantial portion of the Deccan Plateau. Maharashtra is the List of states and union te ...
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Manipur
Manipur () ( mni, Kangleipak) is a state in Northeast India, with the city of Imphal as its capital. It is bounded by the Indian states of Nagaland to the north, Mizoram to the south and Assam to the west. It also borders two regions of Myanm ...
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Meghalaya
Meghalaya (, or , meaning "abode of clouds"; from Sanskrit , "cloud" + , "abode") is a states and union territories of India, state in northeastern India. Meghalaya was formed on 21 January 1972 by carving out two districts from the state of As ...
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Nagaland
Nagaland () is a landlocked state in the northeastern region of India. It is bordered by the Indian states of Arunachal Pradesh to the north, Assam to the west, Manipur to the south and the Sagaing Region of Myanmar to the east. Its capital cit ...
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Orissa
Odisha (English: , ), formerly Orissa ( the official name until 2011), is an Indian state located in Eastern India. It is the 8th largest state by area, and the 11th largest by population. The state has the third largest population of S ...
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Punjab
Punjab (; Punjabi: پنجاب ; ਪੰਜਾਬ ; ; also romanised as ''Panjāb'' or ''Panj-Āb'') is a geopolitical, cultural, and historical region in South Asia, specifically in the northern part of the Indian subcontinent, comprising ...
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Rajasthan
Rajasthan (; lit. 'Land of Kings') is a state in northern India. It covers or 10.4 per cent of India's total geographical area. It is the largest Indian state by area and the seventh largest by population. It is on India's northwestern si ...
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Sikkim
Sikkim (; ) is a state in Northeastern India. It borders the Tibet Autonomous Region of China in the north and northeast, Bhutan in the east, Province No. 1 of Nepal in the west and West Bengal in the south. Sikkim is also close to the Siligur ...
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Tamil Nadu
Tamil Nadu (; , TN) is a States and union territories of India, state in southern India. It is the List of states and union territories of India by area, tenth largest Indian state by area and the List of states and union territories of India ...
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West Bengal
West Bengal (, Bengali: ''Poshchim Bongo'', , abbr. WB) is a state in the eastern portion of India. It is situated along the Bay of Bengal, along with a population of over 91 million inhabitants within an area of . West Bengal is the fourt ...
Did not ratify:
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Karnataka
Karnataka (; ISO: , , also known as Karunāḍu) is a state in the southwestern region of India. It was formed on 1 November 1956, with the passage of the States Reorganisation Act. Originally known as Mysore State , it was renamed ''Karnat ...
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Jammu and Kashmir
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Kerala
Kerala ( ; ) is a state on the Malabar Coast of India. It was formed on 1 November 1956, following the passage of the States Reorganisation Act, by combining Malayalam-speaking regions of the erstwhile regions of Cochin, Malabar, South ...
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Uttar Pradesh
Uttar Pradesh (; , 'Northern Province') is a state in northern India. With over 200 million inhabitants, it is the most populated state in India as well as the most populous country subdivision in the world. It was established in 1950 ...
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Tripura
Tripura (, Bengali: ) is a state in Northeast India. The third-smallest state in the country, it covers ; and the seventh-least populous state with a population of 36.71 lakh ( 3.67 million). It is bordered by Assam and Mizoram to the east a ...
References
{{reflist
Constitution of India
The Emergency (India)