3.2. Procedures and safeguards

♤ The proclamation should be approved by a simple majority within two months by both the Houses of Parliament, otherwise it ceases to exist after two months. Thereafter, it remains in force for six months. This period can be extended for another six months if it is further approved by both the Houses.

♤ The 44th Amendment Act of 1978 introduced a new provision to put restraint on the power of Parliament to extend a proclamation of President’s Rule beyond one year. But, no such approval may be given, continuing the operation of a Proclamation beyond one year from the date of its issue except under certain conditions as mentioned below:

o Proclamation of Emergency is in operation in the State or in the whole of India

o Election Commission has certified that general elections cannot be held in the state. Even if the above conditions are met, emergency cannot be extended beyond a period of three years.

♤ There is no provision in Article 356, similar to that in Article 352, which enables the Lok Sabha to disapprove the resolution for the continuance in force of such a Proclamation.

♤ President’s Rule may be revoked by the President at any time by a subsequent proclamation. Such a proclamation does not require the parliamentary approval.