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44th Amendment on paper for 44 years: Senior Counsel Vijay Hansaria writes to Law Minister

The 44th amendment passed in the year 1978, contains important safeguards to prevent the abuse of the law. 

Hansaria wrote to the union law minister that “The amendment, though part of the Constitution, has not been in operation for the last 44 years. I am writing this open letter to you with a fond hope that you will take urgent steps to issue notification to bring into force Section 3 … as regards constitutional safeguards against preventive detention in a year when we are celebrating 75 years of Azadi ka Amrit Mahotsav,” the letter said.

Section 3 of the 44th Constitutional Amendment Act provides for the preventive detention period to be two months maximum the same is not in concurrence with an Advisory Board.

Hansaria requested the law minister that the 44th amendment section 3 should come into force because being unconstitutional is violating the citizens rights and  it was emphasised that preventive detention was the sworn enemy of individual liberty.

But the same is not in the concurrence of the advisory board.

It was held that the board will include the high court judge as the chairperson and the retired and serving judges as his fellow judges.

The preventive detention was emphasised to protect and safeguard the interest of the unpopular law.

The letter also cited the Supreme Court decision in AK Roy v. Union 

of India where the Court had refused to issue a writ of mandamus to implement the 44th Amendment on the ground that it is the prerogative of the government.

Team- SLC@sociolegalcorp 

Written by- @preksha_j16

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