रजिस्ट्री सं ० डी-(डी) -72
REGISTERED No. D- (D) -72
2 1 भारत का राजपत्र The Gazette of India
असाधारण
EXTRAORDINARY
भाग II- लण्ड 1
PART II-Section 1
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
नई दिल्ली, शुक्रवार , अगस्त 1, 1975/श्रवण 10 , 1897
सं० 46]
No. 46] NEW DELHI, FRIDAY, AUGUST 1 , 1975/ SRAVANA 10 , 1897
इस भाग में भिन्न पृष्ठ संख्या वी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सकें ।
Separate paging is given to this Part in order that it may be filed as a separate compilation ,
MINISTRY OF LAW , JUSTICE AND COMPANY AFFAIRS
(Legislative Department )
New Delhi , the 1st August , 1975 / Sravana 10, 1897 ( Saka )
The following Act of Parliament received the assent of the President on the 1st August , 1975, and is hereby published for general informa- tion: -
THE CONSTITUTION ( THIRTY- EIGHTH AMENDMENT)
ACT, 1975
[1st August , 1975 ]
An Act further to amend the Constitution of India .
BE it enacted by Parliament in the Twenty - sixth Year of the Republic of India as follows :-
Short title.
1. This Act may be called the Constitution (Thirty- eighth Amend- ment) Act , 1975 .
2. In article 123 of the Constitution , after clause ( 3 ) , the following clause shall be inserted , and shall be deemed always to have been inserted, namely:-
Amend- ment of article 123,
"(4) Notwithstanding anythingin this Constitution, the satisfac- tion of the President mentioned in clause ( 1) shall be final and con- clusive and shall not be questioned in any court on any ground." .
Amend- ment of article 213.
3. In article 213 of the Constitution , after clause (3) , the following clause shall b. inserted, and shall be deemed always to have been inserted , namely:-
"(4) Notwithstanding anything in this Constitution , the satisfac- tion of the Governor mentioned in clause (1 ) shall be final and con- clusive and shall not be questioned in any court on any ground." .
(259) 250
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II-
4. In article 239B of the Constitution, after clause (3 ) , the following clause shall be inserted, and shall be deemed always to have been inserted, namely:-
Amend- ment of article 239B.
" (4) Notwithstanding anything in this Constitution, the satisfac- tion of the administrator mentioned in clause ( 1) shall be final and conclusive and shall not be questioned in any court on any ground ." .
5. In article 352 of the Constitution , after clause (3) , the following clauses shall be inserted , and shall be deemed always to have been inserted, namely:-
Amend- ment of article 352.
"(4) The power conferred on the President by this article shall include the power to issue different Proclamations on different grounds , being war or external aggression or internal disturbance or imminent danger of war or external aggression or internal dis- turbance, whether or not there is a Proclamation already issued by the President under clause ( 1 ) and such Proclamation is in opera- tion.
(5) Notwithstanding anything in this Constitution,--
(a) the satisfaction of the President mentioned in clause ( 1 ) and clause ( 3) shall be final and conclusive and shall not be ques- tioned in any court on any ground;
(b) subject to the provisions of clause ( 2) , neither the Supreme Court nor any other court shall have jurisdiction to entertain any question, on any ground , regarding the validity of-
( i) a declaration made by Proclamation by the President to the effect stated in clause ( 1 ) ; or
( ii) the continued operation of such Proclamation. " .
6. In article 356 of the Constitution , after clause (4) , the following clause shall be inserted , and shall be deemed always to have been inserted , namely:-
Amend- ment of article 356 .
" (5) Notwithstanding anything in this Constitution, the satisfac- tion of the President mentioned in clause (1) shall be final and conclusive and shall not be questioned in any court on any ground." .
7. In article 359 of the Constitution , after clause ( 1) , the following clause shall be inserted, and shall be deemed always to have been inserted , namely:--
Amend- ment of article 359.
" ( 1A) While an order made under clause ( 1 ) mentioning any of the rights conferred by Part III is in operation , nothing in that Part conferring those rights shall restrict the power of the State as defined in the said Part to make any law or to take any executive action which the State would but for the provisions contained in that Part be competent to make or to take, but any law só made shall, to the extent of the incompetency , cease to have effect as soon as the order aforesaid ceases to operate , except as respects things done or omitted to be done before the law so ceases to have effect ." .
8. In article 360 of the Constitution , after clause ( 4 ) , the following clause shall be inserted , and shall be deemed always to have been inserted, namely:-
Amend- ment of article 360, 261 SEC . 1 ]
THE GAZETTE OF INDIA EXTRAORDINARY
" (5) Notwithstanding anything in this Constitution,-
(a) the satisfaction of the President mentioned in clause ( 1 ) shall be final and conclusive and shall not be questioned in any court on any ground ;
(b) subject to the provisions of clause (2) , neither the Supreme Court nor any other court shall have jurisdiction to entertain any question, on any ground, regarding the validity of-
(i) a declaration made by Proclamation by the President to the effect stated in clause ( 1 ) ; or
(ii) the continued operation of such Proclamation ." .
K. K. SUNDARAM , Secy . to the Govt . of India .
PRINTED BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI, AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS , DELH ' , 1975