The Constitution (Forty-Eighth Amendment) Act, 1984 is the official name for the 48th Amendment of the Indian Constitution. The 48th constitutional amendment introduces a new provision in clause (5) of Article 356 of the constitution. This was done to make it possible to extend President’s authority in Punjab for longer than a year.
An Introduction to the 48th Amendment of the Indian Constitution
On 26 August 1984, the 48th Amendment of the Indian Constitution came into effect. The amendment modifies article 356.
In article 356 clause (5) of the Constitution, this Amendment added a new proviso. This was done to make it clear that, in the case of the President’s Proclamation on October 6, 1983, pertaining to the State of Punjab, Parliament may enact any resolution about the Proclamation’s extension for up to two years.
Provisions in the case of a breakdown of the constitutional machinery in the province are covered by Article 356 of the Indian Constitution. It empowers the president to issue a statement if he determines that the state administration is unable to operate in conformity with the requirements of the Constitution.
Within two months of the date of its administration, both the lower house and the upper house of parliament must accept a proclamation that implements a presidential decree.
Also, read about Article 356 of the Indian Constitution by visiting the linked article. This will help you to know what is article 356 all about. Consequently, you will be better able to comprehend this subject.
Proposal and Enactment
The Constitution (Forty-eighth Amendment) Act, 1984 was proposed in the Lok Sabha in 1984. It was first introduced as the Constitution (Fiftieth Amendment) Bill, 1984. P.V. Narasimha Rao, the Minister of Home Affairs at that time, introduced it.
On 23 August 1984, the Lok Sabha study the Bill. The brief title was afterward changed with a formal amendment to “The Constitution (Forty-eighth Amendment) Act, 1984” and passed on the same day. On August 25, 1984, the Rajya Sabha reviewed and approved the Bill as it had been approved by the Lok Sabha.
On August 26, 1984, then-President Giani Zail Singh gave his approval to the legislation. It was announced in The Gazette of India and went into force on the same day.
|Who introduced the 48th Amendment?||P.V. Narasimha Rao, then Minister of Home Affairs|
|Where was it Introduced?||In the Lok Sabha in the year 1984|
|The official name of the 48th Amendment||The Constitution (Forty-eighth Amendment) Act, 1984.|
|Which articles were amended?||Article 356|
|In which year of the Republic of India, was the 48th Amendment enacted?||The thirty-fifth year of the Republic of India saw its enactment by Parliament.|
Statement of Objects and Reasons
If the exceptional requirements outlined in clause (5) of article 356 of the Indian Constitution are not met, the President’s proclamation regarding Punjab State, made on the 6th of October 1983, cannot be kept in effect for more than a year.
Despite the fact that the Legislative Assembly is dormant and a popular administration can be set up, considering the state of affairs at the time, it could be essential to extend the Proclamation past October 5th, 1984.
It is required to change article 356 of the Constitution. This is done in order to make it easier for the two Houses of Parliament to vote a resolution approving the Proclamation’s extension beyond October 5, 1984.
Therefore, it is suggested that article 356’s clause (5) be changed. The reason behind this is to make the conditions therein inapplicable during the duration of the said Proclamation’s continued validity, which is set at two years from the date of its issuance.
Amendment of Article 356: The 48th amendment amended Article 356. The proviso added to Article 356 (5) indicates that, in the event of the President’s Proclamation pertaining to Punjab issued on October 6, 1983, the phrase “any period beyond the expiration of one year” in this section shall be understood as a parallel to “any period beyond the expiration of two years.”
In other words, the 48th amendment of the Indian Constitution added a new proviso to clause (5) of Article 356 of the Constitution. In order to say that, in the case of the Proclamation made by the President on October 6, 1983, regarding the Punjab State, Parliament may pass any resolution regarding the Proclamation’s continuation in force for up to 2 years.
Related Article: 63rd Amendment Of Indian Constitution
Article 356 of the Constitution was changed by the 48th amendment of the Constitution of India. This is to say that, in the event of the Proclamation the President issued on October 6, 1983, regarding the State of Punjab, Parliament may vote on any resolution about the Proclamation’s continuation in force for up to two years.