| Short Title: | The Constitution (Thirty-eighth Amendment) Act, 1975 |
| Legislature: | Parliament of India |
| Long Title: | An Act further to amend the Constitution of India. |
| Citation: | 38th Amendment |
| Territorial Extent: | India |
| Enacted By: | Lok Sabha |
| Date Passed: | 23 July 1975 |
| Enacted By2: | Rajya Sabha |
| Date Passed2: | 24 July 1975 |
| Date Assented: | 1 August 1975 |
| Date Commenced: | 1 August 1975 |
| Bill: | The Constitution (Thirty-ninth Amendment) Bill, 1975 |
| Bill Citation: | Bill No. 54 of 1975 |
| Introduced By: | H.R. Gokhale |
| 1St Reading: | 22 July 1975 |
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.[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. State Legislatures that ratified the amendment are listed below:[3]
Did not ratify: