AMENDMENTS SECTION OF: 1-4

 THE CONSTITUTION (SIXTY-EIGHTH AMENDMENT) ACT, 1991

SECTION OF: 1-4

SIXTY-EIGHTH AMENDMENT

Statement of Objects and Reasons appended to the Constitution(Seventy-fifth Amendment) Bill, 1991 (Bill No. 48 of 1991) which wasenacted as THE CONSTITUTION (Sixty-eighth Amendment) Act, 1991

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 was extended to three years and sixmonths by the Constitution (Sixty-fourth Amendment) Act, 1990 andclause (5) of article 356 was also suitably amended by that Act in theexpectation that it would be possible to hold elections to theLegislative Assembly of that State. In October, 1990 it was felt thatit was not conducive to hold free and fair elections to the PunjabState Legislative Assembly. Therefore, clause (4) of article 356 wasagain amended by THE CONSTITUTION (Sixty-seventh Amendment) Act, 1990to enable extension of President's Proclamation issued on 11th May,1987 for a total period of four years.

 2. Despite pressure from the security forces, the terrorist violencehas been continuing in Punjab. Therefore, the prevailingcircumstances still do not hold out prospects for fair, free andpeaceful elections to the Legislative Assembly of Punjab. Clause (4)of article 356 of the Constitution is, therefore, proposed to beamended so as to facilitate the extension of the said Proclamation upto a total period of five years in relation to the State of Punjab.

3. The Bill seeks to achieve the above objects.

NEW DELHI; SUBODH KANT.

The 7th March, 1991.

 THE CONSTITUTION (SIXTY-EIGHTH AMENDMENT) ACT, 1991

 [12th March, 1991.]

 An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Forty-second Year of the Republicof India as follows:-

 1. Short title.- This Act may be called the Constitution(Sixty-eighth Amendment) Act, 1991.

 2. Amendment of article 356.-In article 356 of the Constitution, inclause (4), in the third Proviso, for the words "four years", thewords "five years" shall be substituted.