Thirty-eighth Amendment of the Constitution of India

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.

[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] The Act was passed when it was ratified by more than half of the State Legislatures.