Which one of the following amendments in the Constitution of India mad

Which one of the following amendments in the Constitution of India made a Proclamation of Emergency immune from judicial review?

39th Amendment

40th Amendment

42nd Amendment

44th Amendment

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC CDS-2 – 2021

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The 42nd Amendment Act, 1976, enacted during the period of National Emergency (1975-77), significantly curtailed the power of judicial review. It amended Article 352 and other related provisions to make the President’s satisfaction in declaring an emergency final and beyond judicial challenge.

The 42nd Amendment introduced clauses (4) and (5) in Article 352, which stated that the President’s decision to declare a Proclamation of Emergency and the continuation thereof shall be final and conclusive and shall not be questioned in any court on any ground.

The 44th Amendment Act, 1978, repealed the provisions introduced by the 42nd Amendment regarding the non-justiciability of the Proclamation of Emergency. It re-established that the satisfaction of the President could be questioned in a court of law on the ground of mala fide. This was a significant step in restoring the judiciary’s role in checking the executive power.

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