Indian Political Compass

Constitutional Amendment · In force

44th Amendment (1978)

Reversed several Emergency-era changes: restored judicial review of Emergency proclamations, removed the right to property as a Fundamental Right, and reset Parliament's term to five years.

Why it was passed

The Janata Party government that replaced Indira Gandhi after the Emergency sought to undo the Forty-Second Amendment's authoritarian changes and make Emergency rule harder to abuse.

Key changes

  • Deleted Article 19(1)(f) and Article 31, removing property from the list of Fundamental Rights; added Article 300A making it a legal right
  • Amended Article 352 to require a Cabinet resolution in writing before proclamation of Emergency
  • Enabled judicial review of Emergency proclamations
  • Reset Parliament and Assembly terms to five years
  • Added Article 361A protecting publication of Parliamentary proceedings

Related articles

Article 300ARight to Property
→
Article 352Proclamation of Emergency
→

Content is editorial draft pending fact-check against official Gazette notifications and Supreme Court judgment texts. Last reviewed: 2026-07-02.

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