356. Provisions in case of failure of constitutional machinery in
States.—
(1) If the President, on receipt of a report from the Governor 2*** of a
State or otherwise, is satisfied that a situation has arisen in which the
Government of the State cannot be carried on in accordance with the
provisions of this Constitution, the President may by Proclamation—
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1. Added by the Constitution (Forty-second Amendment) Act, 1976, s. 49
(w.e.f. 3-1-1977).
2. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment)
Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
212 THE CONSTITUTION OF INDIA
(Part XVIII.—EMERGENCY PROVISIONS)
(a) assume to himself all or any of the functions of the
Government of the State and all or any of the powers vested in or
exercisable by the Governor 1*** or any body or authority in the State
other than the Legislature of the State;
(b) declare that the powers of the Legislature of the State shall be
exercisable by or under the authority of Parliament;
(c) make such incidental and consequential provisions as appear
to the President to be necessary or desirable for giving effect to the
objects of the Proclamation, including provisions for suspending in
whole or in part the operation of any provisions of this Constitution
relating to any body or authority in the State:
Provided that nothing in this clause shall authorise the President to
assume to himself any of the powers vested in or exercisable by a High Court,
or to suspend in whole or in part the operation of any provision of this
Constitution relating to High Courts.
(2) Any such Proclamation may be revoked or varied by a subsequent
Proclamation.
(3) Every Proclamation under this article shall be laid before each House
of Parliament and shall, except where it is a Proclamation revoking a previous
Proclamation, cease to operate at the expiration of two months unless before
the expiration of that period it has been approved by resolutions of both Houses
of Parliament:
Provided that if any such Proclamation (not being a Proclamation
revoking a previous Proclamation) is issued at a time when the House of the
People is dissolved or the dissolution of the House of the People takes place
during the period of two months referred to in this clause, and if a resolution
approving the Proclamation has been passed by the Council of States, but no
resolution with respect to such Proclamation has been passed by the House of
the People before the expiration of that period, the Proclamation shall cease to
operate at the expiration of thirty days from the date on which the House of the
People first sits after its reconstitution unless before the expiration of the said
period of thirty days a resolution approving the Proclamation has been also
passed by the House of the People.
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1. The words "or Rajpramukh, as the case may be" omitted by the Constitution (Seventh
Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
213 THE CONSTITUTION OF INDIA
(Part XVIII.—EMERGENCY PROVISIONS)
(4) A Proclamation so approved shall, unless revoked, cease to operate
on the expiration of a period of 1[six months from the date of issue of the
Proclamation]:
Provided that if and so often as a resolution approving the continuance in
force of such a Proclamation is passed by both Houses of Parliament, the
Proclamation shall, unless revoked, continue in force for a further period of
2
[six months] from the date on which under this clause it would otherwise have
ceased to operate, but no such Proclamation shall in any case remain in force
for more than three years:
Provided further that if the dissolution of the House of the People takes
place during any such period of 2[six months] and a resolution approving the
continuance in force of such Proclamation has been passed by the Council of
States, but no resolution with respect to the continuance in force of such
Proclamation has been passed by the House of the People during the said
period, the Proclamation shall cease to operate at the expiration of thirty days
from the date on which the House of the People first sits after its reconstitution
unless before the expiration of the said period of thirty days a resolution
approving the continuance in force of the Proclamation has been also passed
by the House of the People:
3
[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 4[five years].]
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1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 50, for "six months"
(w.e.f. 3-1-1977) and further subs. by the Constitution (Forty-fourth Amendment) Act,
1978, s. 38, for "one year from the date of the passing of the second of the resolutions
approving the Proclamation under clause
(3)" (w.e.f. 20-6-1979).
2. Subs. by s. 50, ibid., for "six months" (w.e.f. 3-1-1977) and further subs. by s. 38, ibid.,
for "one year", respectively (w.e.f. 20-6-1979).
3. Ins. by the Constitution (Sixty-fourth Amendment) Act, 1990, s. 2 (w.e.f. 16-4-1990).
4. Subs. by the Constitution (Sixty-seventh Amendment) Act, 1990, s. 2 (w.e.f. 4-10-1990)
and further subs. by the Constitution (Sixty-eighth Amendment) Act, 1991, s. 2
(w.e.f. 12-3-1991).
214 THE CONSTITUTION OF INDIA
(Part XVIII.—EMERGENCY PROVISIONS)
1
[
(5) Notwithstanding anything contained in clause
(4), a resolution with
respect to the continuance in force of a Proclamation approved under clause
(3)
for any period beyond the expiration of one year from the date of issue of such
Proclamation shall not be passed by either House of Parliament unless—
(a) a Proclamation of Emergency is in operation, in the whole of
India or, as the case may be, in the whole or any part of the State, at the
time of the passing of such resolution, and
(b) the Election Commission certifies that the continuance in force
of the Proclamation approved under clause
(3) during the period
specified in such resolution is necessary on account of difficulties in
holding general elections to the Legislative Assembly of the State
concerned:]
2
[
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.]
