To truly understand the 68th Constitutional Amendment Act, 1991, we need to first rewind a little and look at what the Indian political climate looked

68th Constitutional Amendment Act, 1991

---

Understanding the Background of the 68th Constitutional Amendment Act, 1991

To truly understand the 68th Constitutional Amendment Act, 1991, we need to first rewind a little and look at what the Indian political climate looked like during the late 1980s and early 1990s. The Amendment didn’t come out of nowhere; it was a direct response to a turbulent, unstable, and politically complicated period, especially in the Union Territory of Delhi.

Back then, Delhi was not yet a full-fledged state, and it was not functioning the way it does today with a Legislative Assembly and a Chief Minister. In fact, before the 69th Constitutional Amendment Act, the governance structure of Delhi was very different.

The 68th Amendment, however, came slightly before the 69th Amendment and tried to fix certain issues related to Article 356, especially in the context of Delhi. To get the full picture, we must understand three important points:

1. Why did the Government feel the need to bring the 68th Amendment?

2. What specific constitutional problem did it aim to solve?

3. How was Delhi being governed during this period?

The late 80s were politically unstable in many parts of India. Frequent breakdowns of constitutional machinery, political disputes, administrative deadlocks, and lack of coordination between the Union and the Chief Commissioner-led Delhi administration created issues. Many Union Territories, especially Delhi, were experiencing confusion regarding how President’s Rule should operate under Article 356.

Legally, there was no clarity on the maximum period for which President’s Rule could continue in Delhi, unlike states where 356 had strict limitations. This created an administrative loophole. The Central Government wanted to remove that ambiguity and put a clear framework in place for Delhi and other UTs with legislatures.

So the 68th Amendment’s purpose was not revolutionary; it was clarificatory and corrective, but this correction was extremely important for maintaining constitutional order.

---

Why the 68th Amendment Became Necessary

The real story behind the 68th Constitutional Amendment is directly tied to the complex interpretation of Article 356 of the Indian Constitution. Article 356 allows the Central Government to impose President’s Rule in a State if the State’s constitutional machinery breaks down. But here’s the catch:

Delhi was not a State.

It was a Union Territory, and the UT governance model was always meant to be different.

However, because Delhi already had certain state-like administrative structures, and because political developments tended to mirror state-level conflicts, the existing provisions of Article 356 were unclear when applied to Delhi.

Let’s break this down in simpler points:

1. No clear rules for President’s Rule in Delhi

Article 356 had clear time limits for states:

• 6 months at a time

• maximum 3 years, with parliamentary approval
  But for Union Territories like Delhi, the Constitution was silent. This silence caused confusion during periods of political instability.

2. President’s Rule in Delhi lasted longer than allowed for States

There were instances when Delhi remained under President’s Rule for prolonged periods, creating a constitutional doubt: Was this even legal?

3. Supreme Court raised questions

Legal challenges started surfacing, and courts began questioning whether a UT with a legislature (like Delhi) could be kept under Article 356 indefinitely.

To fix this, the Government felt the need to bring clarity through an amendment.

4. Political pressure was mounting

Delhi citizens were demanding clearer governance and proper accountability. The Central Government also wanted smoother administrative control.

Thus, the 68th Constitutional Amendment became a necessary instrument to legally standardize the application of President’s Rule in Delhi.

---

What the 68th Constitutional Amendment Act, 1991 Actually Did

Now let’s come to the core point — what did the Amendment change?

The 68th Amendment essentially amended Article 356 to clarify that:

• When President’s Rule is imposed in Delhi (and certain other Union Territories),

• the same maximum time limit applicable to States will also apply.

This means:

• President’s Rule cannot continue indefinitely.

• It must follow the constitutional limits:

  • 6 months at a time

  • extendable up to 3 years with parliamentary approval

In simple words:
It made Article 356 fully applicable to Delhi in the same way that it applied to States.

This may sound like a small change, but it solved a big problem. It removed the constitutional vacuum and brought Delhi’s emergency governance under a clear framework.

---

How the 68th Amendment Fits into India’s Constitutional Narrative

Every Constitutional Amendment is part of a larger story. The 68th Amendment belongs to a series of amendments aimed at improving governance in Union Territories — especially Delhi.

Let’s look at the bigger picture:

1. The 69th Amendment (1991) was introduced right after

Most people know the 69th Amendment because it gave Delhi a Legislative Assembly and made Delhi the National Capital Territory (NCT) with a Chief Minister.

But before giving Delhi state-like powers, the Government first wanted to fix President’s Rule issues.

Thus:

• 68th Amendment = clarified Article 356 for Delhi

• 69th Amendment = created the modern Delhi government structure

These two amendments are deeply interconnected.

2. Article 239AA was yet to be introduced

Article 239AA, which governs Delhi today, didn’t yet exist. The groundwork for it began with the 68th Amendment.

3. Rise in political activism in Delhi

In the late 1980s, political parties were demanding full statehood for Delhi. The Central Government could not grant that, but they took small steps toward improving governance.

4. The amendment strengthened the doctrine of federalism

Even though Delhi is not fully a state, applying Article 356’s rules to it ensured uniformity across the country in matters of governance breakdown.

So the 68th Amendment might seem technical, but it was a crucial link between the old UT administration and the soon-to-emerge new Delhi governance model.

---

A Deep Look Into Article 356 and Why It Was Central to This Amendment

To appreciate the 68th Amendment, we must understand Article 356 in a little more detail.

Article 356 allows the Central Government to take over the administration of a State when:

• The State Government cannot function properly

• There is a constitutional breakdown

• The Governor reports a failure of governance

This mechanism is popularly known as President’s Rule.

In States, the rules under Article 356 are very strict because the Constitution wanted to preserve federalism. So President’s Rule cannot continue forever. This is ensured through:

Time Restrictions

• Initial validity = 6 months

• Maximum = 3 years

• Extensions require National Emergency or Election Commission approval

However, UTs were not covered under the same rigidity because their governance was primarily under the Union Government. But once UTs like Delhi started functioning like mini-states, the lack of clarity in Article 356 started causing legal uncertainty.

The 68th Amendment corrected this inconsistency.

---

Political Conditions During 1990–91 That Triggered the Amendment

The year 1991 was one of the most politically sensitive years in Indian history. The country saw:

• Economic crisis

• Assassination of Rajiv Gandhi

• Rise of coalition politics

• Tension in Kashmir and Punjab

• Instability at the Centre

Amid all this chaos, managing Delhi effectively was a strategic necessity for the Central Government.

Delhi is not just a political hub — it is the administrative heart of the nation. The city houses:

• Parliament

• Supreme Court

• Rashtrapati Bhavan

• Armed forces headquarters

• Diplomatic missions

• Key ministries

Any governance confusion in Delhi could result in national-level impact.

This is why the Central Government moved quickly to fix any ambiguity around President’s Rule and emergency powers in Delhi. The 68th Amendment was a part of this larger need for clarity and constitutional order.

---

How the 68th Amendment Changed Delhi’s Administrative Landscape

The impact of the Amendment was not loud or dramatic, but it created a steady, stable foundation for Delhi’s governance.

Here’s what practically changed:

1. Delhi could no longer be under endless President’s Rule

The President could not keep extending emergency administration without legal backing. This forced the system to stay accountable.

2. Delhi became more aligned with the federal structure

Even though Delhi was still a UT, the rules applicable to states now applied to it. This made the administration more predictable and democratic.

3. It prepared the ground for restoring democratic processes

Once the constitutional framework was set, the way was open for the 69th Amendment, which brought back the elected government in Delhi.

4. It reduced misuse of emergency powers

Earlier, the Central Government could keep direct control for long periods. After the amendment, they had to justify every extension of President’s Rule.

This was a major step toward making Delhi more democratic and transparent.

---

Significance of the 68th Amendment in India’s Constitutional Evolution

Although not as widely discussed as other amendments, the 68th Amendment has a high constitutional value. It matters for several reasons:

1. It strengthened the rule of law

Every part of the Constitution must be governed by clear rules. The Amendment ensured that emergency provisions were not misused in Delhi.

2. It protected democratic values

By limiting emergency durations, the Amendment indirectly protected people’s right to have a representative government.

3. It reduced central overreach

Before this, the Centre had significant unchecked power in Delhi. The Amendment balanced that equation.

4. It helped integrate Delhi into India’s federal fabric

Delhi is unique — neither a state nor a typical UT. The 68th Amendment helped place it properly within the federal structure.

5. It set the stage for later reforms

The modern governance structure of Delhi (post-69th Amendment) stands on the foundation set by the 68th Amendment.

This Amendment may appear simple, but its constitutional significance is deep and long-lasting.

---

A Closer Legal Analysis of the 68th Amendment

For students of law, this Amendment is a fascinating example of how small constitutional changes can have major effects. Let’s look at its legal aspects:

1. The Amendment was introduced under Article 368

This means it followed the regular procedure for constitutional amendments:

• Passage by both Houses

• Special majority

• Presidential assent

2. It did not alter the basic structure

The Supreme Court’s Basic Structure Doctrine was well-established by 1991. The 68th Amendment did not challenge federalism or democracy; in fact, it strengthened them.

3. It clarified Article 356, not expanded it

The Amendment did not give new powers; it only clarified how existing powers apply to UTs.

4. It prevented constitutional vacuum

A constitutional gap existed regarding how long President’s Rule could run in Delhi. This Amendment filled that gap.

5. It supported cooperative federalism

By applying uniform rules across states and UTs-with-legislatures, it promoted consistency in governance.

---

Why This Amendment Still Matters Today

Even today, the 68th Amendment remains relevant because:

• Delhi still has frequent disputes between the Centre and the local government.

• Emergency powers continue to be a sensitive subject.

• India’s federal structure is still evolving.

Clarity on Article 356 continues to help maintain balance.

Without this Amendment, Delhi could have continued to face constitutional ambiguity whenever the elected government was dissolved or suspended.

---

Criticism and Limitations of the 68th Amendment

No constitutional amendment is perfect, and the 68th Amendment also faced criticism from some scholars.

Here are the key criticisms:

1. It did not fully solve Delhi’s status issue

Delhi’s governance still remains complicated even today. The Amendment fixed one issue, but did not clarify:

• Powers of the LG

• Division of subjects

• Extent of state-like authority

These issues would later become major points of conflict.

2. It focused only on emergency situations

The Amendment did not address regular, everyday administrative conflicts.

3. It came too late

Delhi had already gone through extended periods of central rule without clarity. The Amendment came after prolonged uncertainty.

4. It was overshadowed by the 69th Amendment

The 69th Amendment, which introduced Article 239AA and gave Delhi its modern political structure, received much more attention, and rightly so. The 68th Amendment was seen as less impactful by the public.

However, despite these criticisms, the Amendment served its purpose effectively.

---

Long-Term Impact of the 68th Constitutional Amendment

Over the years, the Amendment has had subtle but meaningful effects:

1. Improved checks and balances

Applying the same rules to Delhi as to states ensured constitutional fairness.

2. Reduced constitutional confusion

During political crises, administrators had clear guidelines to follow.

3. Helped Delhi shift toward a more stable governance model

Combined with the 69th Amendment, it ensured smoother transitions of power.

4. Strengthened parliamentary authority

Parliament regained the role of approving emergency extensions for Delhi.

5. Prevented potential misuse

Without this Amendment, the Centre could have kept Delhi under extended President’s Rule whenever political disagreements arose.

Overall, the Amendment helped Delhi mature politically.

---

Conclusion: Why the 68th Amendment is More Important Than It Appears

To conclude, the 68th Constitutional Amendment Act, 1991 may not be as famous as some other amendments, but it played a crucial role during a critical phase of India’s constitutional evolution. It was introduced at a time when Delhi’s administrative structure needed clarity, consistency, and legal stability.

The Amendment:

• Clarified the application of Article 356 to Delhi

• Ensured that President’s Rule could not be misused

• Brought Delhi closer to the state-like governance framework

• Laid the foundation for the 69th Amendment

• Strengthened democratic accountability

In simple words, this Amendment helped tidy up an important constitutional loose end and made Delhi’s governance more streamlined and predictable.

Even today, as Delhi continues to witness political tensions and Center–State power debates, the 68th Amendment remains part of the backbone that keeps Delhi’s emergency governance constitutionally valid and neatly structured.