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February 7, 2025 at 01:58 PM
🔆 Thirty-Eighth Constitutional Amendment Act, 1975
📍 Key Changes:
✅ Article 352: Modified to allow the President to declare different proclamations of national emergency on different grounds (e.g., war, external aggression, or armed rebellion) simultaneously.
✅ Article 356: Altered provisions related to President’s Rule in states.
✅ Article 360: Adjusted provisions regarding the declaration of a financial emergency.
✅ Article 123: Made the promulgation of ordinances by the President non-justiciable in courts.
✅ Article 213: Extended the same non-justiciable protection to ordinances promulgated by governors and administrators of union territories.
📍 Significance:
✅ Made the declaration of emergency by the President non-justiciable, ensuring the executive’s decisions during emergencies could not be challenged in courts.
✅ Strengthened the executive’s authority in managing emergencies and promulgating ordinances, reducing judicial scrutiny.
The Thirty-Eighth Constitutional Amendment Act, 1975, significantly expanded the powers of the executive, especially during emergencies, reducing judicial intervention in key proclamations and decisions.
#polity #prelims
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