The 64th Constitutional Amendment Act, 1990 is one of those amendments that reflects a moment of deep political turmoil, administrative collapse, and

64th Amendment of the Indian Constitution, 1990

The Indian Constitution has been amended many times, but some amendments stand out not because they introduced new rights or changed big national policies, but because they dealt with crisis situations, political instability, and breakdown of democratic machinery in particular states. 

The 64th Constitutional Amendment Act, 1990 is one of those amendments that reflects a moment of deep political turmoil, administrative collapse, and governance crisis in the state of Punjab.

Unlike many amendments that affect the whole country, this amendment had a very specific purpose:
✔ To extend the period of President’s Rule in the state of Punjab beyond the constitutional maximum limit.

The Constitution normally allows President’s Rule for:

• 6 months at a time,

• maximum 1 year,

• and up to 3 years only under special conditions.

But Punjab in the late 1980s and early 1990s was not a normal state. It was suffering from extreme terrorism, political assassinations, separatist militancy, and complete collapse of civil governance. The Centre believed that elections could not be held, and democracy could not be restored until law and order improved.

Thus, the 64th Amendment was passed to extend President's Rule in Punjab beyond the permissible constitutional limit, which otherwise would have expired.

This article will break down the entire story — the background of Punjab’s crisis, the constitutional limits on President’s Rule, why the amendment was needed, what it changed, the controversies around it, and how the amendment fits into the larger pattern of President’s Rule in India.

Everything is explained in simple English, like human-written exam notes.

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Background: Understanding the Situation of Punjab Before the 64th Amendment

The 64th Amendment can only be understood if we understand the terrifying situation in Punjab during the 1980s.

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1. Rise of Khalistan Movement

In the late 1970s and early 1980s, separatist groups began demanding Khalistan, a separate Sikh nation.

Major reasons were:

• political dissatisfaction

• weak leadership in Punjab

• conflicts between Akali Dal and Congress

• extremist religious propaganda

• foreign interference

Extremist organizations used:

• bomb blasts

• kidnappings

• assassinations

• extortion

• targeted killings

Public life became unsafe.

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2. Operation Blue Star (1984)

In June 1984, the Indian Army entered the Golden Temple complex to remove terrorists hiding inside.

This created:

• deep emotional wounds

• huge anger among Sikhs

• distrust between Punjab and the central government

• massive growth of extremist groups

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3. Assassination of Indira Gandhi (October 1984)

Indira Gandhi was assassinated by her Sikh bodyguards in revenge for Operation Blue Star.

After this:

• Anti-Sikh riots broke out

• Thousands of Sikhs were killed

• Punjab’s situation worsened

• Militancy grew stronger

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4. Breakdown of Administration

Punjab’s governance completely collapsed:

• police were targeted

• ministers were assassinated

• judges received threats

• bureaucrats refused postings

• public offices were attacked

The state could no longer run government normally.

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5. President’s Rule Imposed

Due to intense violence and political instability, the central government imposed President’s Rule in Punjab multiple times.

By 1987–1990, Punjab was continuously under President’s Rule.

But according to the Constitution, there is a maximum limit on how long President’s Rule can continue. Punjab was reaching that limit.

Thus came the need for the 64th Amendment.

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Understanding President’s Rule (Article 356)

Before understanding the amendment, we must understand the rules about President’s Rule.

1. Normal Duration

President’s Rule can be imposed for:

✔ 6 months at a time
✔ Maximum 1 year

2. Extended Duration (Up to 3 Years Possible Only If):

The Constitution (after the 44th Amendment) permits President’s Rule for more than 1 year ONLY IF:

1. National Emergency is in force, AND

2. Election Commission certifies that elections cannot be held.

This is important.

3. Purpose of Limits

The limits exist to prevent:

• misuse

• central government dictatorship

• killing state autonomy

But Punjab’s situation was extraordinary.

President’s Rule kept getting extended, and by 1990 the maximum legal limit was ending.

The Centre needed a constitutional amendment to legally continue President’s Rule.

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Why the 64th Amendment Was Needed

Let’s break down the exact reasons.

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1. Punjab Could Not Conduct Elections

The Election Commission informed the Central Government that:

• voters were unsafe

• candidates were receiving death threats

• election rallies were impossible

• militant groups controlled several regions

Elections were NOT possible.

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2. Governance Was Impossible

The police force was attacked daily.
Civil services refused postings.
Political leaders were assassinated.

There was no possibility of forming a stable state government.

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3. National Security Threat

Punjab shares a border with Pakistan.
Intelligence reports suggested:

• cross-border support for extremists

• smuggling of weapons

• training camps across the border

The Centre could not risk instability in a border state.

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4. Constitutional Limit Was Almost Ending

As per Article 356 & 44th Amendment:

President’s Rule cannot exceed 3 years unless the Constitution is amended.

Punjab was approaching this upper limit.
Therefore, the government had to pass the 64th Amendment to legally continue President’s Rule.

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5. Parliament Wanted to Prevent Hasty Elections

If elections were forced:

• militants could influence voting

• extremist candidates could win

• candidates would campaign under threat

• democratic process would be corrupted

The government wanted to restore normalcy first, then conduct elections.

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6. No Alternative Government Could Be Formed

Political parties refused to participate.
Akali Dal was divided.
Congress was weak.
Militancy was high.

Thus, President’s Rule had to continue.

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What Did the 64th Amendment Actually Do? (Simple Explanation)

The amendment simply:

✔ Extended President’s Rule in Punjab for 6 more months, beyond the constitutional limit.

It allowed President’s Rule to continue even after the maximum limit of 3 years had been crossed.

What Article Was Amended?

It amended Article 356 in a temporary and state-specific way.

How Long Did the Extension Last?

It extended President’s Rule for an additional period of 6 months, which was needed immediately in 1990.

Was This for All States?

No.

✔ ONLY for Punjab
❌ NOT for any other state

Was This Permanent?

No.

It was a one-time temporary extension.

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Detailed Breakdown of the Amendment

The amendment inserted special provisions so that:

• Article 356 could exceed the normal limit

• Special circumstances in Punjab were recognized

• Parliament could approve extension by resolution

• Election Commission’s opinion was accepted

The amendment required:

• Lok Sabha support

• Rajya Sabha support

• Presidential assent

Because it dealt with federal structure, it did NOT require ratification by states, since it did not affect state powers permanently.

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The Political Context in 1990

India was experiencing major political turbulence.

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1. Fall of Rajiv Gandhi’s Government

Congress had lost power.
Rajiv Gandhi lost popularity after Bofors scandal.

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2. V.P. Singh Government (Janata Dal) Took Over

V.P. Singh became PM in 1989.
He wanted to handle Punjab differently from Congress.

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3. Mandal Commission Politics Rising

Reservation for OBCs became central political issue.

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4. BJP’s Rise Beginning

BJP became an important player during this period.

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5. Punjab Policymaking Was Extremely Sensitive

The new government wanted:

• a balanced, non-authoritarian policy

• gradual rebuilding of trust

• restoration of peace

But elections were impossible.

Thus, the 64th Amendment was passed without major opposition, because all parties agreed Punjab was not ready for elections.

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Impact of the 64th Amendment

The amendment had significant consequences.

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1. President’s Rule Continued

The extension allowed the central government to:

• keep control of Punjab

• continue anti-militancy operations

• maintain law and order

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2. Avoided Forceful Elections

If elections were held under terror threats:

• extremist-supported candidates might win

• voters would not vote freely

• democracy would be compromised

The amendment prevented this risk.

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3. Helped Security Forces Stabilize the State

Police and paramilitary forces got:

• more time

• better coordination

• more planning ability

It allowed effective counter-terror operations.

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4. Sent a Signal That the Centre Was Serious

It showed the government would not risk national security.

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5. Preserved Constitutional Legitimacy

Without this amendment, extending President’s Rule would be unconstitutional.

The amendment ensured everything was done legally.

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Criticism of the 64th Amendment

Not everyone supported the amendment.

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1. Opposition Called It “Overuse of Article 356”

Critics said:

• Centre was using emergency-like powers

• too much President’s Rule weakens federalism

They accused the Centre of authoritarianism.

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2. Some Called It an Excuse to Delay Elections

Opposition leaders believed:

• the Centre feared political outcome

• delaying elections was politically beneficial

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3. Concern About Democracy

Prolonged President’s Rule means:

• no elected government

• central bureaucrats run the state

• people lose local representation

This weakens democracy.

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4. Fear of Central Overreach

The amendment could set a precedent for other states.

Although this never happened, critics feared misuse.

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5. Danger of Normalizing Constitutional Exceptions

A temporary measure might become habit.

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Arguments Supporting the Amendment

Supporters gave strong arguments too.

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1. Extraordinary Situations Need Extraordinary Measures

Punjab was experiencing almost civil war-like conditions.

Security had to come before elections.

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2. Election Commission Agreed

EC said elections would not be free and fair.

This justified the extension.

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3. Protecting Federal Integrity

The Centre argued:

• Punjab is a border state

• risk of foreign interference

• cannot allow separatist victory

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4. No Realistic Alternative

No political party was ready to govern.
Akali Dal and Congress were weak.

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5. People of Punjab Supported Stabilization First

Many civilians wanted:

• security

• normal life

• safety

Elections mattered later.

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Relation with Later Amendments

The 64th Amendment was not the only one related to Punjab.

59th Amendment (1988)

Gave extreme emergency powers (later repealed).

63rd Amendment (1990)

Repealed the 59th Amendment.

64th Amendment (1990)

Extended President’s Rule.

67th Amendment (1990)

Again extended President’s Rule in Punjab.

So the 64th Amendment was one step in a larger sequence.

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Why Punjab Needed Multiple Amendments?

Punjab’s crisis was not normal.

The Constitution’s standard tools could not handle:

• terrorism

• separatism

• political vacuum

• foreign intervention

• breakdown of civil administration

Thus multiple amendments became necessary.

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How Long Did President’s Rule Last in Punjab?

Punjab experienced one of the longest periods of President’s Rule in India.

From 1987 to 1992 — almost 5 years.

This was much longer than other states.

Normal limits would not allow this.
Thus the 64th Amendment (and later 67th Amendment) made it possible.

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Does the 64th Amendment Violate Federalism?

Many scholars debate this.

Yes, it weakens federalism because:

• Centre continues ruling a state

• elected government is absent

• local voice is suppressed

But No, because:

• the crisis demanded central control

• state government was impossible

• elections could not be held due to violence

Thus, it remains a complex issue.

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Long-Term Impact of the 64th Amendment

1. Helped Restore Democracy Later

Punjab finally held elections in 1992.

2. Political Stability Returned Gradually

Slowly, peace returned.

3. Security Forces Gained Time

They could dismantle militant networks.

4. Centre-State Coordination Improved

Better planning and intelligence.

5. Demonstrated Flexibility of Constitution

India could handle extreme crises legally.

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Did the Amendment Solve Punjab’s Problems?

Not alone.

But it contributed by:

• preventing premature elections

• allowing law and order improvement

• stabilizing administration

Punjab’s problems were solved through:

• strong policing

• public cooperation

• improved governance

• negotiations

• economic development

The amendment was just one legal instrument.

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Conclusion

The 64th Constitutional Amendment Act, 1990 is an example of how the Indian Constitution adapts during moments of extraordinary crisis. Punjab was facing extreme terrorism, political collapse, and complete administrative paralysis. Elections were impossible, and normal constitutional limits on President’s Rule could not handle the situation.

This amendment allowed the Central Government to legally extend President’s Rule in Punjab beyond the normal constitutional limit, ensuring that governance continued during a time when democracy could not function safely.

While criticized for weakening federalism and delaying elections, the amendment was supported as a necessary step to protect national security, stabilize the state, and prevent extremist influence in governance.

In simple words:

The 64th Amendment was a temporary but crucial measure that helped India navigate one of the most difficult phases in Punjab’s history.