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Q133 (CISF/2024) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties

Amendments to which one among the following Articles to the Constitution of India have not been enforced till now?

Explanation

The 44th Constitutional Amendment Act, 1978, proposed a significant change to Article 22(4) of the Constitution. The amendment sought to reduce the maximum period for which a person could be held under preventive detention without the opinion of an Advisory Board from three months to two months. It also proposed changing the composition of the Advisory Board.

While most provisions of the 44th Amendment were brought into force, Section 3 (which amended Article 22) was never notified by the Central Government. Under Section 1(2) of the Act, the power to appoint the date of enforcement was left to the Executive. In A.K. Roy v. Union of India (1982), the Supreme Court held that it could not issue a mandamus to the government to enforce this provision. Consequently, the original text of Article 22(4) remains in operation today.

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