Q. Under which case, 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?
Answer: C
Notes:
Explanation: The 38th Amendment Act of 1975 made the declaration of a National Emergency immune from the judicial review.
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.
Source: Laxmikanth
