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Questions and Answers
What did the 44th Amendment Act of 1978 aim to eliminate?
What did the 44th Amendment Act of 1978 aim to eliminate?
What did the 38th Amendment Act of 1975 make immune from judicial review?
What did the 38th Amendment Act of 1975 make immune from judicial review?
What did the Supreme Court hold in the Minerva Mills case (1980) regarding the proclamation of National Emergency?
What did the Supreme Court hold in the Minerva Mills case (1980) regarding the proclamation of National Emergency?
What is the duration allowed for the Parliament to approve the proclamation of Emergency, as per the original period before the 44th Amendment Act of 1978?
What is the duration allowed for the Parliament to approve the proclamation of Emergency, as per the original period before the 44th Amendment Act of 1978?
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What happens if the Lok Sabha is dissolved during the period of one month without approving the proclamation of Emergency?
What happens if the Lok Sabha is dissolved during the period of one month without approving the proclamation of Emergency?
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Study Notes
44th Amendment Act of 1978
- Aimed to eliminate the power of Parliament to alter fundamental rights, thus reinforcing their protection.
38th Amendment Act of 1975
- Made the National Emergency and the Proclamation of Emergency immune from judicial review, preventing courts from examining the legality of such proclamations.
Minerva Mills Case (1980)
- Supreme Court held that the proclamation of National Emergency was subject to judicial review.
- Stressed the importance of the basic structure doctrine, asserting that fundamental rights cannot be abrogated even during an emergency.
Duration for Parliamentary Approval of Emergency Proclamation
- The original period allowed was one month for Parliament to approve the proclamation of Emergency prior to the 44th Amendment Act.
Consequences of Lok Sabha Dissolution During Emergency Proclamation
- If the Lok Sabha is dissolved during the one-month period without approving the proclamation, the Emergency proclamation will lapse.
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Description
Test your knowledge of Indian political history and constitutional amendments with this quiz. Explore key amendments related to the declaration of National Emergency and the powers of the Prime Minister and the Cabinet.
