Thirty-eighth Amendment of the Constitution of India

The Constitution (Thirty-eighth Amendment) Act, 1975
Parliament of India
	Long title An Act further to amend the Constitution of India. ;
Citation	38th Amendment
Territorial extent	India
Enacted by	Lok Sabha
Passed	23 July 1975
Enacted by	Rajya Sabha
Passed	24 July 1975
Assented to	1 August 1975
Commenced	1 August 1975
Legislative history
Bill introduced in the Lok Sabha	The Constitution (Thirty-ninth Amendment) Bill, 1975
Bill citation	Bill No. 54 of 1975
Introduced by	H.R. Gokhale
First reading	22 July 1975

The Thirty-eighth Amendment of the Constitution of India, officially known as The Constitution (Thirty-eighth Amendment) Act, 1975, made the declaration of "The Emergency" final and conclusive. In particular it codified and enlarged the State's power to remove fundamental rights from its citizens during states of emergency.[1]

Introduced on 22 July 1975, the bill received presidential assent in ten days. The Amendment barred judicial review of proclamations of emergency whether made to meet external, internal, or financial threats (Article 360 for the latter). It also barred judicial review of overlapping emergency proclamations, or ordinances promulgated by the President or by governors, and of laws enacted during emergencies that contravened Fundamental Rights.[2]

Ratification

The Act was passed when it was more than half of the State Legislatures. State Legislatures that ratified the amendment are listed below:[3]

Did not ratify:

References

Henderson, Michael (October 1979). "Setting India's Democratic House in Order: Constitutional Amendments" (PDF). Asian Survey. University of California Press. 19 (10): 946–956. doi:10.1525/as.1979.19.10.01p0088g. Retrieved 26 September 2010.
Austin, Granville (1999). Working a Democratic Constitution - A History of the Indian Experience. New Delhi: Oxford University Press. pp. 319. ISBN 019565610-5.
"Constitution Amendment in India" (PDF). Lok Sabha Secretariat. pp. 148–152. Archived from the original (PDF) on 3 December 2013. Retrieved 20 May 2015.

External links

Full text - Thirty-eighth Amendment

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[Henderson-1] Henderson, Michael (October 1979). "Setting India's Democratic House in Order: Constitutional Amendments" (PDF). Asian Survey. University of California Press. 19 (10): 946–956. doi:10.1525/as.1979.19.10.01p0088g. Retrieved 26 September 2010.

[Austin-2] Austin, Granville (1999). Working a Democratic Constitution - A History of the Indian Experience. New Delhi: Oxford University Press. pp. 319. ISBN 019565610-5.

[ConstitutionAmendment-3] "Constitution Amendment in India" (PDF). Lok Sabha Secretariat. pp. 148–152. Archived from the original (PDF) on 3 December 2013. Retrieved 20 May 2015.