Thirty-eighth Amendment of the Constitution of India
October 28, 2023
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]
The Constitution (Thirty-eighth Amendment) Act, 1975
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]
Ratificationedit
The Act was passed when it was ratified by more than half of the State Legislatures. State Legislatures that ratified the amendment are listed below:[3]
^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:10.2307/2643847. JSTOR 2643847. Retrieved 26 September 2010.
^Austin, Granville (1999). Working a Democratic Constitution - A History of the Indian Experience. New Delhi: Oxford University Press. pp. 319. ISBN019565610-5.
^(PDF). Lok Sabha Secretariat. pp. 148–152. Archived from the original (PDF) on 3 December 2013. Retrieved 20 May 2015.
thirty, eighth, amendment, constitution, india, officially, known, constitution, thirty, eighth, amendment, 1975, made, declaration, emergency, final, conclusive, particular, codified, enlarged, state, power, remove, fundamental, rights, from, citizens, during. 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 The Constitution Thirty eighth Amendment Act 1975Parliament of IndiaLong title An Act further to amend the Constitution of India Citation38th AmendmentTerritorial extentIndiaPassed byLok SabhaPassed23 July 1975Passed byRajya SabhaPassed24 July 1975Assented to1 August 1975Commenced1 August 1975Legislative historyFirst chamber Lok SabhaBill titleThe Constitution Thirty ninth Amendment Bill 1975Bill citationBill No 54 of 1975Introduced byH R GokhaleFirst reading22 July 1975Introduced 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 editThe Act was passed when it was ratified by more than half of the State Legislatures State Legislatures that ratified the amendment are listed below 3 Andhra Pradesh Assam Bihar Haryana Himachal Pradesh Karnataka Kerala Madhya Pradesh Maharashtra Meghalaya Orissa Punjab Rajasthan Sikkim Tripura Uttar Pradesh West BengalDid not ratify Jammu and Kashmir Gujarat Manipur Nagaland Tamil NaduReferences edit 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 2307 2643847 JSTOR 2643847 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 edit nbsp India portalFull text Thirty eighth Amendment Retrieved from https en wikipedia org w index php title Thirty eighth Amendment of the Constitution of India amp oldid 1150132158, wikipedia, wiki, book, books, library,
