Indian Polity • ConstitutionMedium
Which Constitutional Amendment Act substituted the term 'internal disturbance' with 'armed rebellion' in Article 352 of the Indian Constitution?
A. 38th Constitutional Amendment Act, 1975
B. 42nd Constitutional Amendment Act, 1976
C. 44th Constitutional Amendment Act, 1978✓ Correct Answer
D. 52nd Constitutional Amendment Act, 1985
💡 Solution & Explanation
The 44th Constitutional Amendment Act of 1978 replaced the ambiguous phrase internal disturbance with armed rebellion as a ground for proclaiming a national emergency under Article 352. Earlier amendments like the 38th made emergency proclamations immune to judicial review, while the 42nd made sweeping changes during the Emergency period. This safeguard ensures that an emergency cannot be declared arbitrarily without grave threats to national security.
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