Under clause (4) of article 356 of the
Constitution, no Proclamation
issued under that article and approved by both
the Houses of
Parliament shall remain in force for more than three years. However,
under clause (5) of the said article a resolution
continuance in force of a Proclamation issued under clause (1) of that
article beyond a period of one year cannot be passed by either House
of Parliament unless the two conditions relating to a Proclamation of
Emergency being in operation in the whole or any part of the State and
the certificate by the Election Commission that the continuation of
the Proclamation issued under clause (1) is necessary on account of
difficulties in holding general elections to the Legislative Assembly
of the State as specified in that clause are met. The three
period in the case of Proclamation issued on 11th May, 1987
respect to the State of Punjab would be over on 10th May, 1990 and the
said two conditions are also not
fulfilled. The prevailing
circumstances in the State do not hold out good prospects for free and
peaceful elections to the State
Legislative Assembly. The
representatives of various political parties who
All-Party Meeting convened by the Governor of Punjab at Chandigarh
recently were also of the view that congenial conditions should be
created first before holding the elections to the State Legislative
Assembly. Clauses (4) and (5) of article 356 of the Constitution are,
therefore, proposed to be amended so as to facilitate the extension of
the said Proclamation up to a total period of three years and
months in relation to the State of Punjab.
2.The Bill seeks to achieve the above objects.
MUFTI MOHAMMED SAYEED.
The 2nd April, 1990.
THE CONSTITUTION (SIXTY-FOURTH AMENDMENT)
[16th April, 1990.]
An Act further to amend the Constitution of India.
BE it enacted by Parliament in the Forty-first Year
of the Republic of
India as follows:-
1. Short title.-This
Act may be called the Constitution
(Sixty-fourth Amendment) Act, 1990.
2. Amendment of article 356.-In article 356 of
(a) in clause (4), after the second
proviso, the following proviso
shall be inserted, namely:-
`Provided also that in the case of
the Proclamation issued under
clause (1) on the 11th day of May, 1987 with respect to the State of
Punjab, the reference in the first proviso to this clause to "three
years" shall be construed as a reference to "three years
(b) in clause (5), the following proviso shall be
inserted at the end,
"Provided that nothing in this clause
shall apply to the Proclamation
issued under clause (1) on the 11th day of May, 1987 with respect to
the State of Punjab.".