Skip to main content

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, irrelevant or perverse.

The second change was also deleted by 44th CAA, 1978. In famous Cooper case 1970, the SC said the ordinance can be challenged on malafide ground. And also in D.C Wadhwa case 1987, successive repromulgation of ordinance with same text would amount to violation of constitution.( Bihar governors promulgated 256 ordinance between 1967 to 1981).

The third change was remained as it was. Mean different proclamations of National Emergency can be made on different grounds if situation required so.

Moreover, the 39th CAA of 1975 by the then same Indira Gandhi Government said that the election disputes related to the President, Vice-president, PM and Speaker were beyond Judicial scope because the verdict of Justice Jagmohan lal Sinha of Allahabad HC disqualified then- PM Indira Gandhi on charges of electoral malpractices. Indira Gandhi has won Lok sabha seat in 1971 from Rae Bareli in U.P by defeating his opponent Raj Narain. 

So, the 39th CAA  was also deleted by the 44th CAA of 1978 by the then Janta Party Government.

It was how the 44th constitution amendment act of 1978 by the then Janta Party  government corrected the mistake of 38th and 39th CAA of 1975 by the then congress government.

Labels:

Comments

Post a Comment

Popular posts from this blog

Alternatives to China's Belt and Road Initiative

Alternatives to china's belt and road initiative China's BRI is not sustainable project as it doesn't uphold the principles of international standards such as sovereignty, transperancy and multilateralism. So the like minded countries have come up with the following alternatives: The Indo-Pacific Strategy : Initiated by United States, the Indo-Pacific Strategy aims to enhance infrastructure development, connectivity, and economic cooperation among countries in the Indo-Pacific region. It emphasizes principles such as transparency, rule of law, and respect for sovereignty. Japan's Partnership for Quality Infrastructure (PQI) : Japan's PQI aimed at promoting high-quality infrastructure projects that comply with  principles such as transparency, economic efficiency, and debt sustainability. Build Back Better World (B3W)  : This initiative is undertaken by the G7 countries. It was launched in 2021, it would provide an alternative to China's Belt and Road Initiative ...
Post a Comment
Read more

India's Historic and Cultural Ties Vs China's Economic Power.

  India's Historic and Cultural Ties Vs China's Economic Power. How China's economic power is winning over India's historic and cultural relations in its neighbourhood. In today's Geopolitical world relations are changing as fast as technology. Very recently we have observed that china is advancing in India's neighbourhood very rapidly, especially in Indian Ocean. Here we are going to analyse how and why China advancing in India's neighbourhood. There are two important aspects of this. One is India's historic and cultural ties with the neighbours and second is China's economic advantage over India.  India always talk about its strong historic and cultural relations with the neighbours. But, is this enough or is it always a positive point? In today's world where economy rules the world, historic and cultural ties has less significance. See, India's relations with Nepal are said like 'Roti- Beti relations'. If this is so then,why Nepal ...
Post a Comment
Read more

The Real Geopolitics Behind China's Belt And Road Initiative

What is the Real Geopolitics Behind China's belt and road initiative ? China's Belt and Road Initiative (BRI) remains an important point in recent geopolitics. The initiative was launched in 2013. It's announced aims are to enhance connectivity and infrastructure development across Asia, Africa, and Europe, through trade routes, infrastructure projects, and economic partnerships. But here we will analyse the real nature of the initiative. Let's first understand what is the meaning of Belt and Road in BRI: Belt is short for the "Silk Road Economic Belt", referring to the proposed overland routes for road and rail transportation through landlocked Central Asia along the historical trade routes. whereas "road" is short for the "21st Century Maritime Silk Road", referring to the maritime trade route as Indo-Pacific sea routes through Southeast Asia to Indian Ocean to reach middle East and Africa. Now, let's understand the hidden motive of C...
Post a Comment
Read more