Article 41 - Amendment of Article 360 - Constitution (44th Amendment) Act, 1978

Amendment of Article 360 . 41. In Article 360 of the Constitution, ( a ) for clause (2), the following clause shall be substituted , namely: (2) A Proclamation issued under clause (1) ( a ) may be revoked or varied by a subsequent Proclamation; ( b ) shall be laid before each House of Parliament; ( c ) shall 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 is issued at a time when the House of the People has been dissolved or the dissolution of the House of the People takes place during the period of two months referred to in sub-clause ( c ), 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. ; ( b ) clause (5) shall be omitted . ***************** NOTES:- 1. Shall come into force, w.e.f. 19th day of June, 1979 vide G.S.R. 383(E), dated 19-6-1979.