Which amendment to the Constitution put a time limit and other restrictions on emergency?
Answers
Answer:
The 44th Amendment Act of 1978 put a time limit on national emergency.
Explanation:
The national emergency can be extended for six months through a parliamentary resolution. Any further extension can only be in periods of six months.
As per Article 352 of the Indian constitution, a national emergency could be declared in case of aggression by external powers or when there are internal disturbances. To prevent abuse of power, this was amended in 1978 through the 44th Amendment Act to state as ‘external aggression or war’ and to counter ‘armed rebellion’.
Answer:
The 44th Amendment of Constitution put a time limit on the duration of Emergency.
Explanation:
The 44th Constitutional Amendment was passed in the year 1978 and this amendment not only gives provisions for the emergency but also for various others provisions under the Indian Constitution. This amendment was clearly added to remove the distortions from the 42nd amendment of the Constitution.
This amendment made clear that the President cannot issue proclamation of Emergency merely on the advise of Prime Minister, he needs to have a written decision from the Cabinet.