Which Constitutional Amendment explicitly inserted the term 'Cabinet' into the Indian Constitution in the context of Article 352?​

Correct option is C

The correct answer is (c) 44th Constitutional Amendment Act, 1978.

• The 44th Constitutional Amendment Act of 1978 explicitly inserted the term 'Cabinet' into Article 352, which relates to the proclamation of National Emergency.

• The amendment made it a legal requirement that the President of India must receive written communication from the Union Cabinet before issuing a proclamation of National Emergency.

• This amendment replaced the earlier provision where the Prime Minister could advise the President directly on the matter of declaring an emergency, thus ensuring that the decision is made collectively by the Cabinet.

• The change was made to prevent unilateral decisions by the Prime Minister and to ensure that such an important step, which could have drastic consequences on the country, was made by the entire Union Cabinet.

Information Booster:

• National Emergency (Article 352): A national emergency can be declared under Article 352 of the Constitution if there is a threat to national security due to war, external aggression, or armed rebellion. The 44th Amendment reinforced the need for collective decision-making by the Cabinet.

• The 44th Amendment also introduced several reforms aimed at restoring civil liberties and limiting the powers of the executive, especially after the Emergency of 1975-77 imposed by then Prime Minister Indira Gandhi.

Additional Information:

• Option A (45th Constitutional Amendment Act, 1980) primarily focused on the extension of the term of the Lok Sabha and state legislative assemblies.

• Option B (43rd Constitutional Amendment Act, 1977) was focused on restoring judicial independence and addressing constitutional provisions that were altered during the Emergency period.

• Option D (42nd Constitutional Amendment Act, 1976) made several changes that increased executive powers and restricted the judiciary.