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Article 356(3)

Article 356(3) is conceived as a check on the power of the President and also as a safeguard against abuse. In the case where both Houses of Parliament disapprove or do not approve the proclamation, it lapses at the end of the two-month period. In such a case, the government that was dismissed revives. The Legislative Assembly, which may have been kept in suspended animation, gets reactivated.

Since the proclamation lapses and is not retroactively invalidated, the acts done, orders made, and laws passed during the period of two months do not become illegal or void. They are, however, subject to review, repeal, or modification by the Government, Legislative Assembly, or other competent authority.

However, if the Proclamation is approved by both Houses within two months, the government (which was dismissed) does not revive upon the expiry of the period of the proclamation or upon its revocation. Similarly, if the Legislative Assembly has been dissolved after the approval under clause (3), the Legislative Assembly does not revive upon the expiry of the period of the Proclamation or upon its revocation.

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