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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. 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.

Ratification

The Act was passed when it was more than half of the State Legislatures. State Legislatures that ratified the amendment are listed below: # Andhra Pradesh # Assam # Bihar # Haryana # Himachal Pradesh # Karnataka # Kerala # Madhya Pradesh # Maharashtra # Meghalaya # Orissa # Punjab # Rajasthan # Sikkim # Tripura # Uttar Pradesh # West Bengal Did not ratify: # Jammu and Kashmir # Gujarat # Manipur # Nagaland # Tamil Nadu

References



External links

{{Portal|India
Full text - Thirty-eighth Amendment
38 Category:1975 in India Category:1975 in law Category:Indira Gandhi administration Category:Emergency laws in India Category:Emergency management in India