What is the 38th Amendment Act?

By BYJU'S Exam Prep

Updated on: November 9th, 2023

The 38th Amendment Act 1975, to the Indian Constitution made the President’s declaration of “emergency” unjustifiable. The Constitution Act, 1975 is the official name for the 38th Amendment to the Indian Constitution. During a state of emergency, the 38th Amendment Act expanded the state’s authority to revoke citizens’ basic fundamental rights.

38th Amendment Act of the Indian Constitution

It also prohibited the judicial review of the various proclamations of emergency made by the President or governor. The judicial review of the proclamations of emergency related to laws enacted during the emergency was also barred.

  • Any declarations made by the President declaring a state of emergency are no longer subject to legal review or judicial review under the 38th Amendment Act.
  • According to this rule, the President may restrict a citizen’s fundamental rights depending on the circumstances surrounding the declaration of an emergency.
  • Only after being ratified by more than half of the State legislatures was the 38th Amendment Act passed.
  • The Act was introduced on July 22nd, 1975, and it took the President 10 days to approve it.
  • A few states, including Jammu and Kashmir, Manipur, Gujarat, Nagaland, and Tamil Nadu, chose not to ratify it.

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