Article 5 - Amendment of Article 352 - Constitution (38th Amendment) Act, 1975

Amendment of Article 352 . 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: (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 disturbance, whether or not there is a Proclamation already issued by the President under clause (1) and such Proclamation is in operation. (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 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. .