Thirty-eighth Amendment of the Constitution of India


The Thirty-eighth Amendment of the Constitution of India, officially known as The Constitution 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. 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:
  1. Andhra Pradesh
  2. Assam
  3. Bihar
  4. Haryana
  5. Himachal Pradesh
  6. Karnataka
  7. Kerala
  8. Madhya Pradesh
  9. Maharashtra
  10. Meghalaya
  11. Orissa
  12. Punjab
  13. Rajasthan
  14. Sikkim
  15. Tripura
  16. Uttar Pradesh
  17. West Bengal
Did not ratify:
  1. Jammu and Kashmir
  2. Gujarat
  3. Manipur
  4. Nagaland
  5. Tamil Nadu