Which Constitutional Amendment Act substituted the original text of Article 352 to provide that a proclamation of National Emergency can be issued only on the written recommendation of the Cabinet?

💡 Solution & Explanation

The 44th Constitutional Amendment Act of 1978 introduced crucial safeguards against the misuse of emergency powers, including the requirement that a National Emergency can be proclaimed only upon the written recommendation of the Cabinet. The preceding 38th Amendment had paradoxically sought to bar judicial review of emergency declarations instead of establishing internal executive checks. This legislative correction restored democratic balances after the turbulent experiences of the 1975 emergency. It also mandated that emergency proclamations must be approved by special majorities in both houses of Parliament.