Financial Emergency — Amendments

Amendment	Year	Description	Impact
38th Amendment Act	1975	This amendment made the President's satisfaction in declaring an emergency (under Articles 352, 356, and 360) final and conclusive, placing it beyond judicial review. This was a controversial move during the National Emergency.	Temporarily removed judicial review over the proclamation of all types of emergencies, including Financial Emergency. However, this provision was later reversed by the 44th Amendment, restoring judicial scrutiny.
44th Amendment Act	1978	Enacted after the experience of the 1975 National Emergency, this amendment significantly reformed emergency provisions. It removed the 'final and conclusive' clause introduced by the 38th Amendment, thereby restoring the possibility of judicial review of the President's satisfaction in proclaiming an emergency under Articles 352, 356, and 360.	Crucially restored judicial review over the proclamation of Financial Emergency, ensuring that the President's 'satisfaction' is not absolute and can be challenged in court on grounds of mala fide or irrationality. This strengthened constitutional safeguards against potential misuse of emergency powers.

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