(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:Provided that nothing in the clause shall apply to the Proclamation issued under clause (1) on the 11th day of May, 1987 with respect to the State of Punjab.[Editorial comment-The Constitution (Thirty-Eighth Amendment) Act, 1975, Amendment of Article 356 of the constitution has been amended by inserting a new clause. By this insertion, the satisfaction of the president mentioned in clause (1) shall be final and conclusive and shall not be questioned in any court on any ground."Also Refer][Editorial comment-The Constitution (Forty-Fourth Amendment) Act, 1978, repealed Article 19 (1) (f) and also took out Article 31(1) has been taken out of Part III and made a separate Article 300A in Chapter IV of Part XII. This amendment may have taken away the scope of speedy remedy under Article 32 for the violation of Right to Property because it is no more a Fundamental Right. Making it a legal right under the Constitution serves two purposes: Firstly, it gives emphasis to the value of socialism included in the preamble and secondly, in doing so, it conformed to the doctrine of basic structure of the Constitution. Also Refer][Editorial comment-The Constitution (Forty-Eighth Amendment) Act, 1984, inserted a new proviso in clause (5) of article 356 of the Constitution in order to provide that in the case of the Proclamation issued by the President on 6 October 1983 with respect to the State of Punjab, Parliament may pass any resolution with respect to the continuance in force of the Proclamation for a period up to two years.Also Refer ][Editorial comment-The Constitution (Sixty-fourth Amendment) Act, 1990, aimed to address the pressing issues in the State of Punjab and proposed to amend Article 356 to facilitate the extension of Proclamations related to the region. The amendment of the Indian Constitution added a proviso to Article 356(4) to allow for the extension of the President’s Rule for a total period of three years and six months in the state of Punjab.Also Refer][Editorial comment-The Constitution (Sixty-Seventh Amendment) Act of 1990 , amended clause (5) of Article 356 and lengthened the three-year time frame in the particular instance of the Declaration made available on May 11, 1987, with regard to the State of Punjab to 3 years and 6 months. In the hope that the State’s Legislative Assembly polls were indeed able to go ahead. Unfortunately, the then-current state of affairs in the State still didn’t offer much hope for fair and peaceful election polls to the State Legislative Assembly. Therefore it was recommended to change clause (4) of Article 356 of the Indian Constitution to make it easier to extend the Proclamation mentioned above in reference to the State of Punjab for a maximum of four years.Also Refer][Editorial comment-The Constitution (Sixty-eighth Amendment) Act, 1991, altered Clause (4) of Article 356 of the Constitution for the third time. It enabled the aforementioned Proclamation regarding the State of Punjab to be prolonged for a total of five years. However, under clause (5) of the said article, a resolution approving the continuance in force of a Proclamation issued under clause (1) of that article beyond a period of one year cannot be passed by either House of Parliament unless the two conditions relating to a Proclamation of Emergency being in operation in the whole or any part of the State and the certificate by the Election Commission that the continuation of the Proclamation issued under clause (1) is necessary on account of difficulties in holding general elections to the Legislative Assembly of the State as specified in that clause are met. Therefore, the prevailing circumstances still do not hold out prospects for fair, free and peaceful elections to the Legislative Assembly of Punjab.Also Refer]
