{"id":91499,"date":"2026-03-07T16:59:28","date_gmt":"2026-03-07T11:29:28","guid":{"rendered":"https:\/\/vajiramandravi.com\/current-affairs\/?p=91499"},"modified":"2026-03-07T16:59:28","modified_gmt":"2026-03-07T11:29:28","slug":"38th-constitutional-amendment-act","status":"publish","type":"post","link":"https:\/\/vajiramandravi.com\/current-affairs\/38th-constitutional-amendment-act\/","title":{"rendered":"38th Constitutional Amendment Act, Articles, Changes, Significance"},"content":{"rendered":"

The 38th Amendment to the Constitution of India was enacted in 1975 during a politically sensitive period when emergency powers were being widely discussed. This amendment significantly expanded the authority of the executive during emergency situations and restricted the ability of courts to review certain constitutional actions. It mainly focused on making the satisfaction of the President, Governors, and Union Territory administrators final in specific constitutional matters, particularly regarding ordinances and emergency proclamations.<\/span><\/p>\n

38th Constitutional Amendment Act<\/strong><\/h2>\n

The Constitution (Thirty eighth Amendment) Act, 1975 was passed by the Lok Sabha on 23 July 1975 and by the Rajya Sabha on 24 July 1975. The bill was introduced on 22 July 1975 as Bill No. 54 of 1975. The amendment received Presidential assent on 1 August 1975 and came into force the same day. Its main purpose was to make the declaration of emergencies and the promulgation of ordinances non-justiciable, meaning courts could not question the satisfaction of the executive authorities involved in these constitutional decisions.<\/span><\/p>\n

Changes Under 38th Constitutional Amendment Act<\/b><\/h2>\n

The Thirty eighth Amendment introduced important article wise changes that strengthened executive powers and limited judicial review in matters related to ordinances, emergency proclamations, and suspension of fundamental rights.<\/span><\/p>\n