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Home > Know Your Rights > Rights during National Emergency
FAQ's | Landmark Judgements | Legal Frameworks

Landmark Judgments

·  In the landmark case of Minerva Mills Ltd. Vs. Union of India, 1980, the Supreme court held that “there is no bar to judicial review of the validity of the proclamation of emergency issued by the president under 352(1). However, court's power is limited only to examining whether the limitations conferred by the constitution have been observed or not. It can check if the satisfaction of the president is valid or not. If the satisfaction is based on mala fide or absurd or irrelevant grounds, it is no satisfaction at all.”

 

·  Makhan singh Vs. State of Punjab, 1964, held that: “Art.358 makes it clear that things done or omitted to be done during emergency could not be challenged even after the emergency was over.”

 
 
 
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