THE CONSTITUTION (SIXTY-FOURTH AMENDMENT) ACT, 1990
SECTION OF: 1-4
SIXTY-FOURTH AMENDMENT
Statement of Objects and Reasons appended to the Constitution(Sixty-fifth Amendment) Bill, 1990 which was enacted asTHE CONSTITUTION (Sixty-fourth Amendment) Act, 1990
STATEMENT OF OBJECTS AND REASONS
Under clause (4) of article 356 of the Constitution, no Proclamationissued under that article and approved by both the Houses ofParliament shall remain in force for more than three years. However,under clause (5) of the said article a resolution approving thecontinuance in force of a Proclamation issued under clause (1) of thatarticle beyond a period of one year cannot be passed by either Houseof Parliament unless the two conditions relating to a Proclamation ofEmergency being in operation in the whole or any part of the State andthe certificate by the Election Commission that the continuation ofthe Proclamation issued under clause (1) is necessary on account ofdifficulties in holding general elections to the Legislative Assemblyof the State as specified in that clause are met. The three yearperiod in the case of Proclamation issued on 11th May, 1987 withrespect to the State of Punjab would be over on 10th May, 1990 and thesaid two conditions are also not fulfilled. The prevailingcircumstances in the State do not hold out good prospects for free andpeaceful elections to the State Legislative Assembly. Therepresentatives of various political parties who attended theAll-Party Meeting convened by the Governor of Punjab at Chandigarhrecently were also of the view that congenial conditions should becreated first before holding the elections to the State LegislativeAssembly. Clauses (4) and (5) of article 356 of the Constitution are,therefore, proposed to be amended so as to facilitate the extension ofthe said Proclamation up to a total period of three years and sixmonths in relation to the State of Punjab.
2.The Bill seeks to achieve the above objects.
NEW DELHI; MUFTI MOHAMMED SAYEED
The 2nd April, 1990.
THE CONSTITUTION (SIXTY-FOURTH AMENDMENT) ACT, 1990
[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 ofIndia 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 the Constitution,-
(a) in clause (4), after the second proviso, the following provisoshall be inserted, namely:-
`Provided also that in the case of the Proclamation issued underclause (1) on the 11th day of May, 1987 with respect to the State ofPunjab, the reference in the first proviso to this clause to "threeyears" shall be construed as a reference to "three years and sixmonths".';
(b) in clause (5), the following proviso shall be inserted at the end,namely:-
"Provided that nothing in this clause shall apply to the Proclamationissued under clause (1) on the 11th day of May, 1987 with respect tothe State of Punjab.".
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