Thirty-eighth Amendment of the Constitution of India

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The Thirty-eighth Amendment of the Constitution of India, 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]


  1. ^ Henderson, Michael (Oct 1979). "Setting India's Democratic House in Order: Constitutional Amendments" (PDF). Asian Survey, Vol.19, No.10 (University of California Press): 946–956. Retrieved 2010-09-26. 
  2. ^ Austin, Granville (1999). Working a Democratic Constitution - A History of the Indian Experience. New Delhi: Oxford University Press. p. 319. ISBN 019565610-5. 

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