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The 64th Amendment Of Indian Constitution

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On April 16, 1990, the Indian Constitution received its 64th amendment also known as the 64th amendment of Indian Constitution, making changes to the Article 356 (which refers to the president’s rule) of the document. The amendment’s provisions allow the president to rule Punjab for up to three years and six months.

Background

On 11 May 1984, a proclamation of three years was issued in the state of Punjab which would be ended on 10 May 1990, but the prevailing situation was not fulfilled for holding good and peaceful elections to the state legislative assembly in the state. In the All-Party Meeting assembled by the Governor of Punjab at Chandigarh, representatives of both parties proposed to extend the proclamation period to a total of three years and six months.

Salient Features And Facts

  1. Article 356 was amended as part of the 64th amendment which deals with the president’s rule and was taken place on April 16, 1990. In the state of Punjab, the change primarily allows the president to govern for up to three years and six months.

Date Enacted

In the Forty-First Year of the Republic of India, on 16 April 1990 Sixty-Fourth Amendment came into existence.

Statement Of Objects And Reasons

The Constitution (Sixty-Fifth Amendment) Bill of 1990, which was later passed as THE CONSTITUTION (Sixty-fourth Amendment) Act of 1990, contains a Statement of Objects and Reasons.

  1. No Proclamation issued under article 356 and approved by both Houses of Parliament may last more than three years, according to clause (4) of that article’s provisions.
  1. However, under clause (5) of the aforementioned article, neither House of Parliament may approve the extension of a Proclamation issued under clause (1) of that article beyond a period of one year unless both of the conditions relating to a Proclamation of Emergency being in effect in all or part of the State and the Election Commission’s certification that the extension of the Proclamation issued under clause (1) are met.
  2. In the case of the Proclamation issued on May 11, 1987, about the State of Punjab, the three-year timeframe would expire on May 10, 1990, and the aforementioned two conditions would likewise still not be met by that date.
  3. The chances of free and peaceful elections to the State Legislative Assembly are not promising given the current conditions in the State.
  4. The members of different political parties who recently attended the All-Party Meeting called by the Governor of Punjab in Chandigarh agreed that friendly conditions should be established before holding the State Legislative Assembly elections.
  5. It is therefore suggested that clauses (4) and (5) of article 356 of the Constitution be changed to enable the extension of the aforementioned Proclamation to the State of Punjab for a total of three years and six months in relation to the state of Punjab.

2. The bill aims to accomplish the aforementioned goals.

Prominent People Involved

The government of Rajiv Gandhi represented the bill in Lok Sabha.

Mufti Mohammed Sayeed introduced the statement of objects and reasons on 02, April 1990. 

Important Provisions In 64th Amendment Of Indian Constitution

Amendment of Article 356.-In Article 356 of the Constitution states that:

(a) The second proviso in subsection (4) shall be followed by the proviso that reads as follows:

The first proviso to this clause reference to “three years” will be interpreted as referring to “three years and six months” in the event of the Proclamation issued under clause (1) on the 11th day of May 1987 concerning the State of Punjab.

(b) At the end of clause (5), the following proviso shall be added:

As long as the Proclamation was issued by paragraph (1) on the 11th day of May 1987 about the State of Punjab, nothing in this clause shall apply.

Related – 67th Amendment Of Indian Constitution

Summing Up

The Indian Constitution’s Article 356—which is related to the president’s rule—was amended as part of the 64th amendment on April 16, 1990. Essentially, the amendment extends the president’s control in Punjab for a maximum of three years and six months.

FAQ’s

What purpose did the 64th Amendment Of Indian constitution serve?

In the state of Punjab, the president may reign for up to three years and six months per the 64th amendment to the constitution.

When was the 64th Amendment Of Indian Constitution completed?

Monday, April 2, 1990. [April 16, 1990.] An Act further amending the Indian Constitution Act of 1990 amending the 64th Amendment.

Describe Panchayati Raj.

In contrast to urban and suburban municipalities, Panchayati Raj is the local self-government system used by villages in rural India. It comprises of the institutions known as Panchayati Raj, which enable villages to exercise their self-government.

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