Article 38 - Amendment of Article 356 - Constitution (44th Amendment) Act, 1978

Amendment of Article 356 . 38. In Article 356 of the Constitution, ( a ) in clause (4), ( i ) for the words, brackets and figure one year from the date of the passing of the second of the resolutions approving the Proclamation under clause (3) , the words six months from the date of issue of the Proclamation shall be substituted ; ( ii ) in the first proviso, for the words one year , the words six months shall be substituted ; ( iii ) in the second proviso, for the words one year , the words six months shall be substituted ; ( b ) for clause (5), the following clause shall be substituted , namely: (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. .