2.6. Judicial Review and Article 352

♤ The 38th Amendment Act of 1975 made the declaration of a National Emergency immune from judicial review.

o But this provision was subsequently deleted by the 44th Amendment Act of 1978.

♤ Further, in the Minerva Mills case (1980), the Supreme Court held that the proclamation of a National Emergency can be challenged in a court on the ground of malafide or that the declaration was based on wholly extraneous and irrelevant facts or is absurd or perverse.