Article 356 of the Constitution of India

1*** of a State or otherwise, is satisfied that a situation has arisen in which the Government of the Statecannot be carried on in accordance with the provisionsof 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 thepowers vested in or exercisable by the Governor 2*** or any body or authority in the State other than theLegislature of the State; (b) declare that the powers of the Legislature of the State shall be exercisable by or under the authorityof Parliament; (c) make such incidental and consequential provisions as appear to the President to be necessaryor desirable for giving effect to the objects of theProclamation, including provisions for suspendingin whole or in part the operation of any provisionsof this Constitution relating to any body or authorityin the State: Provided that nothing in this clause shall authorise the President to assume to himself any of the powersvested in or exercisable by a High Court, or to suspendin whole or in part the operation of any provision of thisConstitution relating to High Courts.Duty of the Unionto protect Statesagainst externalaggression andinternaldisturbance. Provisions in case of failure ofconstitutionalmachinery inStates. 1The words “or Rajpramukh“ omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 2The words “or Rajpramukh, as the case may be” omitted by s. 29 and Sch., ibid.THE CONSTITUTION OF INDIA (Part XVIII. —Emergency Provisions.—Arts. 354—356.)222 (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, exceptwhere it is a Proclamation revoking a previousProclamation, cease to operate at the expiration of twomonths unless before the expiration of that period it hasbeen approved by resolutions of both Houses ofParliament: Provided that if any such Proclamation (not being a Proclamation revoking a previous Proclamation) is issuedat a time when the House of the People is dissolved orthe dissolution of the House of the People takes placeduring the period of two months referred to in this clause,and if a resolution approving the Proclamation has beenpassed by the Council of States, but no resolution withrespect to such Proclamation has been passed by theHouse of the People before the expiration of that period,the Proclamation shall cease to operate at the expirationof thirty days from the date on which the House of thePeople first sits after its reconstitution unless before theexpiration of the said period of thirty days a resolutionapproving the Proclamation has been also passed by theHouse of the People. (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 passedby both Houses of Parliament, the Proclamation shall, unlessrevoked, continue in force for a further period of 2[six months] from the date on which under this clause it 1Subs. 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 Proclamationunder clause (3)” (w.e.f. 20-6-1979). The words “one year” were subs. for the original words“six months” by the Constitution (Forty-second Amendment) Act, 1976, s. 50 (w.e.f.3-1-1977). 2Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 38, for “one year” (w.e.f. 20-6-1979). The words “one year” were subs. for the original words “six months” bythe Constitution (Forty-second Amendment) Act, 1976, s. 50 (w.e.f. 3-1-1977).THE CONSTITUTION OF INDIA (Part XVIII. —Emergency Provisions.—Art. 356.)223 would otherwise have ceased to operate, but no such Proclamation shall in any case remain in force for morethan three years: Provided further that if the dissolution of the House of the People takes place during any such period of 1[six months] and a resolution approving the continuance inforce of such Proclamation has been passed by the Councilof States, but no resolution with respect to the continuancein force of such Proclamation has been passed by theHouse of the People during the said period, theProclamation shall cease to operate at the expiration ofthirty days from the date on which the House of thePeople first sits after its reconstitution unless before theexpiration of the said period of thirty days a resolutionapproving the continuance in force of the Proclamationhas been also passed by the House of the People: 2[Provided also that in the case of the Proclamation issued under clause (1) on the 11th day of May, 1987 withrespect to the State of Punjab, the reference in the firstproviso to this clause to “three years” shall be construedas a reference to 3[five years].] 4[(5) Notwithstanding anything contained in clause (4), a resolution with respect to the continuance in forceof a Proclamation approved under clause (3) for anyperiod beyond the expiration of one year from the date ofissue of such Proclamation shall not be passed by eitherHouse of Parliament unless— (a) a Proclamation of Emergency is in operation, in the whole of India or, as the case may be, in thewhole or any part of the State, at the time of thepassing of such resolution, and 1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 38, for “one year“ (w.e.f. 20-6-1979). The words “one year” were subs. for the original words “six months” bythe Constitution (Forty-second Amendment) Act, 1976, s. 50 (w.e.f. 3-1-1977). 2Ins. by the Constitution (Sixty-fourth Amendment) Act, 1990, s. 2. 3Successively subs. by the Constitution (Sixty-seventh Amendment) Act, 1990, s. 2 and the Constitution (Sixty-eighth Amendment) Act, 1991, s. 2 to read as above. 4Subs by the Constitution (Forty-fourth Amendment) Act, 1978, s. 38, for cl. (5) (w.e.f. 20-6-1979). Cl. (5) was ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 6(retrospectively).THE CONSTITUTION OF INDIA (Part XVIII. —Emergency Provisions.—Art. 356.)224 (b) the Election Commission certifies that the continuance in force of the Proclamation approvedunder clause (3) during the period specified in suchresolution is necessary on account of difficulties inholding general elections to the Legislative Assemblyof the State concerned:] 1[Provided that nothing in this clause shall apply to the Proclamation issued under clause (1) on the 11th dayof May, 1987 with respect to the State of Punjab.]