 bill 'no 100 of 1989 the constitution (sixty-third amendment) bill, 1989 a billfurther to amend the constitution of india be it enat:ted by parliament in the fortieth year of the republic of india as follows: - 1 (1) this act may be called the constitution (sixty-third amendment) act, 1989 short titieand commence_ ment 5 (2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint 2 in article 356 of the constitution in clause (5), the proviso shall be omitted amendmentot article 356 3 article 3fi9a of the constitution shall be omitted omission ot article 359a  statement of objects and reasons, the constitution (fifty-ninth amendment) act, 1988 was passed in march, 1988, making certain changes in regard to making a proclamation of emergency in punjab and to the duration of president's rule in that state i 2 on reconsideration, the government is of the view that there is no need for the special powers in regard to the proclamation of emergency in punjab as envisaged in the amendment it is also considered that the ameqsiment to article 356 made by the said act is no longer needed it is, therefore, considered that the amendments made by the aforesaid act should be repealed 3 as regards president's proclamation issued on 11-5-1967 under clause (1) of article 356 of the constitution, this has been approved by both the houses of parliament in october, 1989 4 the bill seeks to achieve the above objects new delhi; mufri mohammed sayeed the 28th december, 1989: i 7···· - - - part xviii - emergency provisions - - - - 3m (1) if the president, on receipt of a report from the governor 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-provi sions in case of failul'e ot constitutional machineryin states (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 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 i (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 re· voking 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 pe,riod 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 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 foree for a further period of 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 foree for more than three years: provided further that if the dissolution of the house of the people takes place during any such period of 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 (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 psssed 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 elpctions to the legislative assembly of the state concerned: provided that nothing in this clause shall apply to the proclamation issued under dause (1) on the 11th day of may, 1987 with respect to the state of punjab  -  - - 35ia, notwithstanding anything in this constitution, this part -shall, in relation to the state of punjab, be subject to the following modiflcations, namely:-(it) in article 3a2,-tioft of this part to the stat! of punjab (i) in clause (1) ,-(a) for the opening portion, the following shall be substituted, namely:-"if the president is satisfied that a grave emergency exists wherebyany part of whether by rebellion; (a) the security of india or of the territory thereof is threatened, war or external aggression or armed or (b) the integdty of ' india is threatened by internal disturbance in the whole or any part of the territory of punjab, he may, by proclamation, make a declaration to that effect in respect of he whole of punjab or of ~uch part of the terr~ thereof as may be specified in the proclamation, '; , 1o!i)il1 )() ij"ijijht1-ruo 'jljj bn',fo,; oj 'hdr'wl (b) in the explanati<jln,-(1) after the words "armed rebellion", the words' ", or that the integrity of india is threatened by internal disturbance in the whole or any part of the territory of punjab," shall be inserted: (2) after the words "or rebellion", the words "or disturbance" shall be inserted; (ii) in clause (9) after the words "armed rebellion", at both the places where they occur,· the words "or internal disturbance" shall be inserted;--(b) in article 358, in clause (1) after the words "or by external aggression", the words "or by armed rebellion, or that the integrity of india is threatened by internal disturbance in the whole or any part of the territory of punjab" shall be inserted; (c) in article 359, for the words and figures "articles 20 and 21", at both the places where they occur, the word and figures "article 20" 'shall be substituted, '" '" '" (shri ;wujti mohammed sayeed, minister of home affairs) 