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Q76 (CDS-II/2021) Polity & Governance › Federalism & Emergency Provisions › Financial Emergency provisions Answer Verified

Which one of the following amendments in the Constitution of India made a Proclamation of Emergency immune from judicial review ?

Result
Your answer: —  Â·  Correct: A
Explanation

The 38th Amendment Act of 1975, enacted during the Indira Gandhi government, made the 'satisfaction' of the President in declaring an emergency final and conclusive [3]. Specifically, it amended Articles 352, 356, and 360 to ensure that the proclamation of a National Emergency, President's Rule, or Financial Emergency was immune from judicial review and could not be challenged in any court on any ground [1]. While some sources suggest the 42nd Amendment also restricted judicial scope [2], the 38th Amendment was the primary instrument that explicitly rendered the declaration of emergency non-justiciable. These restrictive provisions were later repealed by the 44th Amendment Act of 1978, which restored the judiciary's power to review the proclamation on grounds of mala fides [3].

Sources

  1. [1] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 17: Emergency Provisions > Grounds of Declaration > p. 183
  2. [3] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 35: TABLES > THE CONSTITUTION AMENDMENT ACTS > p. 516
  3. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 17: Emergency Provisions > Scope of Judicial Review > p. 181
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