## CONSTITUTION 356

### CONSTITUTION 356 — Provisions in case of failure of constitutional machinery in States
- https://unisonlegal.in/statutes/constitution/356

> 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-

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).
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(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.

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).
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(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].]

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).
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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.]