Thirty-Eighth Amendment Act, 1975 in Indian Constitution

Thirty-eighth Amendment of the Constitution of India: The Thirty-eighth Amendment Act of the Indian Constitution is officially known as the Constitution Act 1975. According to this rule, the President of the Country has all right to restrict the fundamental rights of citizens during states of Emergency. Under a state of emergency, any proclamation issued by the President is neither debatable nor justiciable.

Provisions of the 38th Amendment Act 1975

1. This Amendment provided the right to President to declare an emergency on the grounds of Internal Disturbance in addition to Armed Rebellion and External Aggression which existed previously.
2. This Amendment made the declaration of emergency by the President nondebatable and non-justiciable.
3. The Amendment empowered the Central Government to direct the State Government on various matters during an emergency.
4. This amendment provided immunity to the Central Government for any actions done during an Emergency.
5. The President can exercise discretionary powers to suspend certain Constitutional provisions.
6. This is one of the most significant amendments of the Constitution which gave extensive powers to the Central Government to govern the country.

Key Features of the Thirty-eighth Amendment Act 1975

Some key points regarding the 38th Amendment Act of the Indian Constitution 1975:

1. The Thirty-eighth Amendment Act is officially known as the Constitution Act 1976.
2. The Thirty-eighth Amendment Act of the Indian Constitution was enacted during the period of emergency from 1975 to 1977.
3. Smt. Indira Gandhi, the first woman Prime minister of India imposed an emergency from 1975 to 1977.
4. President Fakhruddin Ali Ahmed proclaimed a state of National Emergency on 25 June 1975 on the advice of Indira Gandhi.
5. The Thirty-eighth Amendment Act was passed after the Ratification from more than half of the State Legislatures.
6. Andhra Pradesh, Assam, Bihar, Haryana, Himachal Pradesh, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Meghalaya, Orissa, Punjab, Rajasthan, Sikkim, Tripura, Uttar Pradesh, and West Bengal State Legislatures ratified the 38th Amendment whereas Tamil Nadu, Gujarat, Manipur, Nagaland, and Jammu and Kashmir did not ratify this Amendment.

FAQs on 38th Constitutional Amendment

Q. When was the 38th Amendment Bill introduced?

Answer: The 38th Amendment Bill was introduced on 22 July 1975.

Q. Which states ratified the 38th Amendment Act 1975 of the Indian Constitution?

Answer: Andhra Pradesh, Assam, Bihar, Haryana, Himachal Pradesh, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Meghalaya, Orissa, Punjab, Rajasthan, Sikkim, Tripura, Uttar Pradesh, and West Bengal State Legislatures ratified the 38th Amendment Act of Indian Constitution.

Q. Which states did not ratify the 38th Amendment Act 1975 of the Indian Constitution?

Answer: Tamil Nadu, Gujarat, Manipur, Nagaland, Jammu, and Kashmir did not ratify the 38th Amendment Act of the Indian Constitution.

Q. Why are Articles 20 and 21 of the Indian Constitution not suspended during a national emergency?

Answer: The rights under articles 20 and 21 are not suspended during a National Emergency. Article 20 prohibits self-incrimination and Article 21 provides protection of life and personal liberty. No person can be deprived of his life or personal liberty even during an emergency unless the procedure is established by law.