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Constitution Article

Section 3 in THE CONSTITUTION (FIFTY-NINTH AMENDMENT) ACT, 1988

3. Insertion of new article 359A.-

(1)After article 359 of the Constitution, the following article shall be inserted, namely:-`359A. Application of this Part to the State of Punjab.- Notwithstanding anything in this Constitution, this Part shall, in relation to the State of Punjab, be subject to the following modifications, namely:-
(a)in article 352,-
(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 whereby-
(a)the security of India or of any part of the territory thereof is threatened, whether by war or external aggression or armed rebellion; or
(b)the integrity 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 the whole of Punjab or of such part of the territory thereof as may be specified in the Proclamation.";
(B)in the Explanation,-
(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.'.
(2)The amendment made to the Constitution by sub-section (1) shall cease to operate on the expiry of a period of two years from the commencement of this Act, except as respects things done or omitted to be done before such cesser.[The Constitution (Fifty-Ninth Amendment) Act, 1988, rendered power in the hands of the Central Government to declare an Emergency in the state of Punjab. Under this act, Article 356 of the Indian Constitution was amended to allow the President’s rule in the state of Punjab for a period of up to three years as previously, the maximum period for this rule was two years. It also added Article 359A to the Indian Constitution.Also Refer]