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Citedby 13 docs - [View All]
State Of Rajasthan & Ors. Etc. Etc vs Union Of India Etc. Etc on 6 May, 1977
H.S. Jain And Ors., Etc. vs Union Of India (Uoi) And Ors., Etc. on 19 December, 1996
Rameshwar Prasad And Ors vs Union Of India And Anr on 24 January, 2006
L.I.C. Of India vs Sushil on 23 January, 2006
Union Of India And Ors vs Major S.P. Sharma And Ors on 6 March, 2014

[Article 356] [Constitution]
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Central Government Act
Article 356(5) in The Constitution Of India 1949
(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 in the case of the Proclamation issued under clause ( 1 ) on the 6 th day of October, 1985 with respect to the State of Punjab, the reference in this clause to any period beyond the expiration of two years