which fundamental rights was ceased by parliament of india
Answers
Explanation:
THE CONSTITUTION (FORTY-FOURTH AMENDMENT)
THE CONSTITUTION (FORTY-FOURTH AMENDMENT)
Statement of Objects and Reasons appended to the Constitution
(Forty-fifth Amendment) Bill, 1978 (Bill No. 88 of 1978) which was
enacted as THE CONSTITUTION (Forty-fourth Amendment) Act, 1978
STATEMENT OF OBJECTS AND REASONS
Recents experience has shown that the fundamental rights, including
those of life and liberty, granted to citizens by the Constitution are
capable of being taken away by a transient majority. It is,
therefore, necessary to provide adequate safeguards against the
recurrence of such a contingency in the future and to ensure to the
people themselves an effective voice in determining the form of
government under which they are to live. This is one of the primary
objects of this Bill.
2. It is, therefore, proposed to provide that certain changes in the
Constitution which would have the effect of impairing its secular or
democratic character, abridging or taking away fundamental rights
prejudicing or impeding free and fair elections on the basis of adult
suffrage and compromising the independence of judiciary, can be made
only if they are approved by the people of India by a majority of
votes at a referendum in which at least fifty-one per cent. of the
electorate participate. Article 368 is being amended to ensure this.
3. In view of the special position sought to be given to fundamental
rights, the right to property, which has been the occasion for more
than one amendment of the Constitution, would cease to be a
fundamental right and become only a legal right. Necessary amendments
for this purpose are being made to article 19 and article 31 is being
deleted. It would, however, be ensured that the removal of property
from the list of fundamental rights would not affect the right of
minorities to establish and administer educational institutions of
their choice.
4. Similarly, the right of persons holding land for personal
cultivation and within the ceiling limit to receive compensation at
the market value would not be affected.
5. Property, while ceasing to be a fundamental right, would, however,
be given express recognition as a legal right, provision being made
that no person shall be deprived of his property save in accordance
with law.
6. A Proclamation of Emergency under article 352 has virtually the
effect of amending the Constitution by converting it for the duration
into that of a Unitary State and enabling the rights of the citizen to
move the courts for the enforcement of fundamental rights---including
the right to life and liberty---to be suspended. Adequate safeguards
are, therefore, necessary to ensure that this power is properly
exercised and is not abused. It is, therefore, proposed that a
Proclamation of Emergency can be issued only when the security of
India or any part of its territory is threatened by war or external
aggression or by armed rebellion. Internal disturbance not amounting
to armed rebellion would not be a ground for the issue of a
Proclamation.