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Showing posts with the label Indira Gandhi election issue

How and Why the 38th and 39th Constitutional Amendment Acts,1975 were corrected?

In 1960s and 1970s the Indira Gandhi Government made many constitutional changes. It tried to make the legislative organ of the government more stronger than judiciary. In 1975, the then Indira Gandhi Government bring 38th Constitutional Amendment Act. The three important changes it made were - declaration of emergency by President was made Non- Judiciable, means Judiciary could not look into its rightedness. The second important change the 38th CAA made - Promulgation of ordinance was also made Non- Judiciable and the third important change made was that different proclamation of National Emergency on different grounds. The first one was deleted by 44th constitutional amendment act 1978. On national emergency in Minerva Mill case 1980, The supreme court said that it can be checked on grounds of malafide, or based on extraneous and irrelevant fact or is absurd or perverse. On President rule - In Bommai case 1994, The SC said it also can be challenged on grounds of malafide, extraneous,...