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Thirty-eighth Amendment of the Constitution of India

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Through Constitution of India, Amendment and Judicial review

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.

Ratification

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:

  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

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