359A. Application of this Part to the State of Punjab [Repealed]
Notwithstanding anything in this Constitution, the President may by order declare that the right to move any court for the enforcement of such of the rights conferred by Part III as may be mentioned in the order and all proceedings pending in any court for the enforcement of the rights so mentioned shall remain suspended for the period during which the proclamation of emergency declaring that the security of India or any part of the territory thereof is threatened by war or external aggression or armed rebellion is in operation, except where an order of suspension is made by the President under this article in relation to the enforcement of any of the rights conferred by Article 20 or Article 21.[Editorial comment-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 It also added Article 359A to the Indian Constitution.Also Refer][Repealed by the Constitution (Sixty-third Amendment) Act, 19S9, (w.e.f. 6-1-1990).][Editorial comment-The Constitution (Sixty-Third Amendment) Act of 1989, nullified the 59th Amendment of the Indian Constitution of 1988, which granted the governmental power to declare a state of emergency in Punjab. To address the deteriorating terrorist threat in Punjab, the government intended to declare an emergency under the 59th Amendment to the Constitution, which was hurriedly passed by both houses of Parliament. When considered essential, it gave the Central Government the power to declare an emergency in Punjab. The amendment guarantees an extension of a maximum of three years of the President’s rule. Previously, two years was the previous maximum time frame.Also Refer]
