Article 356 - Provisions in case of failure of constitutional machinery in States - Constitution of India

Article 356. Provisions in case of failure of constitutional machinery in States.- (1) If the President, on receipt of a report from the Governor 1 [***] 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- (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 2 [***] 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. (4) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of 5 [ 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 6 [ 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 7 [ 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: 12 [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 15 [ five years ].] 8 [ (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 ] : 11 [***] 13 [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. ] ******************* NOTES:- 1 . Omitted by Article 29 of the Constitution (7th Amendment) Act, 1956 dated 19-10-1956 w.e.f. 01-11-1956, before it was read as, or Rajpramukh 2 . Omitted by Article 29 of the Constitution (7th Amendment) Act, 1956 dated 19-10-1956 w.e.f. 01-11-1956, before it was read as, or Rajpramukh, as the case may be 3 . Inserted vide Article 6 of the Constitution (38th Amendment) Act, 1975 dated 01-08-1975 . 4 . Substituted vide Article 50 of the Constitution (42nd Amendment) Act, 1976 dated 18-12-1976 w.e.f. 03-01-1977, before it was read as, six months 5 . Substituted vide Article 38 of the Constitution (44th Amendment) Act, 1978 dated 30-04-1979 w.e.f. 20-06-1979, before it was read as, 4 [ one year ] from the date of the passing of the second of the resolutions approving the Proclamation under clause (3) 6 . Substituted vide Article 38 of the Constitution (44th Amendment) Act, 1978 dated 30-04-1979 w.e.f. 20-06-1979, before it was read as, one year 7 . Substituted vide Article 38 of the Constitution (44th Amendment) Act, 1978 dated 30-04-1979 w.e.f. 20-06-1979, before it was read as, one year 8 . Substituted vide Article 38 of the Constitution (44th Amendment) Act, 1978 dated 30-04-1979 w.e.f. 20-06-1979, before it was read as, 3 [ (5) Notwithstanding anything in this Constitution, the satisfaction of the President mentioned in clause (1) shall be final and conclusive and shall not be questioned in any court on any ground. ] 9 . Inserted vide Article 2 of the Constitution (48th Amendment) Act, 1984 dated 26-08-1984 , w.e.f. 26-08-1984. 10 . Substituted vide Article 2 of the Constitution (59th Amendment) Act, 1988 dated 30-03-1988 w.e.f. 30-03-1988, before it was read as, 9 [ Provided that in the case of the Proclamation issued under clause (1) on the 6th day of October, 1983 with respect to the State of Punjab, the reference in this clause to any period beyond the expiration of one year shall be construed as a reference to any period beyond the expiration of two years . ] 11 . Omitted vide Article 2 of the Constitution (63rd Amendment) Act,1989 dated 06-01-1990 w.e.f. 06-01-1990, before it was read as, 10 [ 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. ] 12 . Inserted vide Article 2 of the Constitution (64th Amendment) Act, 1990 dated 16-04-1990 , w.e.f. 16-04-1990. 13 . Inserted vide Article 2 of the Constitution (64th Amendment) Act, 1990 dated 16-04-1990 , w.e.f. 16-04-1990. 14 . Substituted vide Article 2 of the Constitution (67th Amendment) Act, 1990 dated 04-10-1990 w.e.f. 04-10-1990, before it was read as, three years and six months 15 . Substituted vide Article 2 of the Constitution (68th Amendment) Act, 1991 dated 12-03-1991 w.e.f. 12-03-1991, before it was read as, 14 [ four years ]