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 approving
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 was extended to three years and six
months by the Constitution (Sixty-fourth Amendment) Act, 1990
clause (5) of article 356 was also suitably amended by that Act in the
expectation that it would be possible to hold
elections to the
Legislative Assembly of that State. The prevailing circumstances in
the State, however, still do not hold out prospects for free
peaceful elections to the State Legislative Assembly. Clause (4) of
article 356 of the Constitution is, therefore, proposed to be amended
so as to facilitate the extension of the said Proclamation up to a
total period of four years in relation to the State of Punjab.
2. The Bill seeks to achieve the above objects.
MUFTI MOHAMMED SAYEED.
The 1st October, 1990.
THE CONSTITUTION (SIXTY-SEVENTH AMENDMENT)
[4th October, 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-seventh Amendment) Act, 1990.
2. Amendment of article 356.-In article
356 of the Constitution, in
clause (4), in the third proviso, for the words "three years and six
months", the words "four years" shall be substituted.