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・ Forty Years' War
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・ Forty-eighth Amendment of the Constitution of India
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Forty-fourth Amendment of the Constitution of India
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Forty-fourth Amendment of the Constitution of India : ウィキペディア英語版
Forty-fourth Amendment of the Constitution of India

The Forty-fourth Amendment of the Constitution of India, officially known as The Constitution (Forty-fourth Amendment) Act, 1978, was enacted by the Janata government headed by Morarji Desai. It repealed some of the more anti-freedom amendments enacted through the 42nd Amendment by the Indira Gandhi administration during the Emergency (25 June 1975 – 21 March 1977).
==Background==
(詳細は42nd Amendment was enacted during the Emergency (25 June 1975 – 21 March 1977) by the Indian National Congress government headed by Indira Gandhi. The Amendment essentially abrogated the Supreme Court's ruling in ''Kesavananda Bharati v. State of Kerala'' in 1973, by preventing the Supreme Court from reviewing any constitutional amendment with the exception of procedural issues concerning ratification. The Amendment's 59 sections stripped the Supreme Court of many of its powers and moved the political system toward parliamentary sovereignty.〔 During the Emergency, Indira Gandhi implemented a 20-point program of economic reforms that resulted in greater economic growth, aided by the absence of strikes and trade union conflicts. Encouraged by these positive signs and distorted and biased information from her party supporters, Gandhi called for elections in May 1977. However, the Emergency era had been widely unpopular. The 42nd Amendment was widely criticized, and the clampdown on civil liberties and widespread abuse of human rights by police angered the public.〔(【引用サイトリンク】url=http://memory.loc.gov/cgi-bin/query/r?frd/cstdy:@field(DOCID+in0029) )
In its election manifesto for the 1977 elections, the Janata Party promised to "restore the Constitution to the condition it was in before the Emergency and to put rigorous restrictions on the executive's emergency and analogous powers". The election ended the control of the Congress (Congress (R) from 1969) over the executive and legislature for the first time since independence.〔(【引用サイトリンク】title=India - The Constitution ) 〕 After winning the elections, the Moraji Desai government attempted to repeal the 42nd Amendment. However, Gandhi's Congress party held 163 seats in the 250 seat Rajya Sabha, and vetoed the government's repeal bill.
The Janata government then brought about the 43rd and 44th Amendments in 1977 and 1978 respectively, to restore the pre-1976 position to some extent. Among other changes, the amendments revoked the 42nd Amendment's provision that Directive Principles take precedence over Fundamental Rights, and also curbed Parliament's power to legislate against "antinational activities".〔 However, the Janata Party was not able to fully achieve it's objective of restoring the Constitution to the condition it was in before the Emergency.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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