Section 8 in THE CONSTITUTION (THIRTY-EIGHTH AMENDMENT) ACT, 1975
8. Amendment of article 360.-
In article 360 of the Constitution, after clause (4), the following clause shall be inserted, and shall be deemed always to have been inserted, namely:-"(5) Notwithstanding anything in this Constitution,-(a)the satisfaction of the President mentioned in clause (1) 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.".[The Constitution (Thirty-Eighth Amendment) Act, 1975, codified the declaration of Emergency and empowered the State to remove fundamental rights during a state of emergency. This made the Emergency final and inclusive, giving the State the power to suspend certain rights of its citizens. Currently, there is an ongoing amendment procedure aimed at eliminating obsolete and unproductive portions of the Constitution and integrating new ones to address evolving social requirements. Any changes made should aim to improve people’s living conditions and foster social peace, rather than demolishing the current framework."Also Refer]
