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Constitution (Forty-fourth Amendment) Act, 1978 – Section Summary

SectionRuleKey ConceptCase Law
2Removes the right to property from Article 19(1)(f).The right to property was removed from the list of Fundamental Rights. A citizen can no longer claim it as a Fundamental Right under Article 19.K.T. Plantation Pvt. Ltd. v. State of Karnataka (2011)
3Changes Article 22 on preventive detention (detention without a criminal trial).The amendment changed the rules for keeping a person in preventive detention and the role of the Advisory Board. It aimed to provide stronger safeguards against detention without trial.—
4Adds Article 30(1A).When the State acquires property belonging to a minority educational institution, the amount fixed must not restrict or remove the institution's right to manage its affairs. This protects minority educational institutions.—
6Removes Article 31.Article 31 had protected the right to property as a Fundamental Right. Its removal made property a constitutional legal right rather than a Fundamental Right.K.T. Plantation Pvt. Ltd. v. State of Karnataka (2011)
8Changes Article 31C.The amendment limited the protection under Article 31C to laws connected with the principles in Article 39(b) and Article 39(c), instead of extending it to every Directive Principle.Minerva Mills Ltd. v. Union of India (1980)
11Changes Article 74.The President may ask the Council of Ministers to reconsider its advice once. After reconsideration, the President must act according to the advice given.—
13Changes Article 83.The normal term of the Lok Sabha was reduced from six years to five years. This restored the usual five-year term for the elected House of Parliament.—
20Adds Article 134A.A High Court must consider whether to issue a certificate allowing an appeal to the Supreme Court in certain cases. This helps determine when a case can be taken to the Supreme Court.—
24Changes Article 172.The normal term of a State Legislative Assembly was reduced from six years to five years. This restored the usual five-year term for State Assemblies.—
30Changes Article 226.The amendment restored the High Courts' power to issue writs (court orders used to protect rights and enforce the law) for Fundamental Rights and other legal purposes.—
31Changes Article 227.It confirms the High Courts' power to supervise courts and tribunals within their area. This helps High Courts ensure that these bodies act within the law.—
34Adds Article 300A.No person can be deprived of property except by authority of law. The right to property is now a constitutional legal right, not a Fundamental Right.K.T. Plantation Pvt. Ltd. v. State of Karnataka (2011)
36Removes Article 329A.Article 329A, which had created special rules concerning certain election disputes, was removed. This supported the ordinary constitutional framework for election disputes.Indira Nehru Gandhi v. Raj Narain (1975)
37Changes Article 352.A National Emergency may be declared on the grounds of war, external aggression or armed rebellion. The amendment also requires the Union Cabinet's decision to be communicated to the President in writing and strengthens Parliament's approval requirements.Minerva Mills Ltd. v. Union of India (1980)
38Changes Article 356.The amendment restored tighter limits on extending President's Rule in a State. Continuing it beyond one year requires a National Emergency to be in operation and the Election Commission to certify that elections cannot be held.S.R. Bommai v. Union of India (1994)
40Changes Article 359.During a National Emergency, the President cannot suspend the right to approach courts to enforce Articles 20 and 21. These protect important rights relating to criminal punishment and life and personal liberty.K.S. Puttaswamy v. Union of India (2017)
41Changes Article 360.A Financial Emergency must be approved by both Houses of Parliament within two months. The amendment also removed the provision allowing a Financial Emergency to continue without a time limit after approval.—
42Adds Article 361A.A person is generally protected from court proceedings for publishing a substantially true report of Parliament or a State Legislature's proceedings. This protection does not cover reports of secret sittings or reports published with malice.—
45Changes the Constitution (Forty-second Amendment) Act, 1976.It removes several provisions introduced by the 42nd Amendment, including provisions affecting courts and tribunals. This helped reverse parts of the earlier amendment.Minerva Mills Ltd. v. Union of India (1980)