The Forty-Fourth Amendment (1978) sought to remove some of the irritants of the 42nd Amendment. It made changes in the Emergency provisions to ensure that these powers were not misused by the executive in future. It restored to the courts the power to decide whether an office was an ‘office of profit’ or not (a power of which they were deprived by the 42nd Amendment).

It provided constitutional protection to publication of proceedings of Parliament and state legislatures; authorised the President to refer back a matter to the council of ministers for reconsideration, but made it binding on him to act on the advice tendered after such consideration; it removed the right to property from the list of Fundamental Rights and made it an ordinary right; it restored to the Courts the power to decide disputes regarding election of Prime Minister and speaker, etc.