The Proclamation issued by the
President under article 356 of the
Constitution on the 6th day of October, 1983 with respect to the State
of Punjab cannot be continued in force for more than one year unless
the special conditions mentioned in clause (5) of article 356 of the
Constitution are satisfied. Although the Legislative Assembly is in
suspended animation and a popular government can be installed, having
regard to the prevailing situation in the State, the continuance of
the Proclamation beyond 5th October, 1984 may be
facilitate the adoption of a resolution by the
two Houses of
Parliament approving the continuance in force of the
beyond 5th October, 1984, it is necessary to amend article 356 of the
Constitution. It is therefore proposed to amend clause (5) of article
356 so as to make the conditions mentioned therein inapplicable for
the purposes of the continuance in force of the said Proclamation up
to a period of two years from the date of its issue.
P. V. NARASIMHA RAO.
The 13th August, 1984.
THE CONSTITUTION (FORTY-EIGHTH AMENDMENT)
[26th August, 1984.]
An Act further to amend the Constitution of India.
BE it enacted by Parliament in the Thirty-fifth
Year of the Republic
of India as follows:-
1. Short title.-This Act may be called the
Amendment) Act, 1984.
2. Amendment of article 356.-In article
356 of the Constitution, in
clause (5), the following proviso shall be inserted at
`Provided that in the case of the Proclamation issued
under clause (1)
on the 6th day of October, 1983 with respect to the State of Punjab,
the reference in this clause to "any period beyond the expiration of
one year" shall be construed as a reference to "any period beyond the
expiration of two years".'.