Article 357 of Indian Constitution: Exercise of Legislative Powers

Article 357 of Indian Constitution outlines the legislative powers during a state emergency declared under Article 356, when a constitutional machinery of the State fails. It allows Parliament to legislate for the state and empowers the President to make laws or delegate this authority. The President can also authorize spending from the state's funds when Parliament is not in session, subject to later approval. Laws made during this period remain effective until changed by a competent authority. Essentially, Article 357 ensures continued governance when a state's legislature is suspended. Explore in-depth analysis of other Constitutional Articles.

Article 357 of Indian Constitution

Exercise of legislative powers under Proclamation issued under Article 356 

(1) Where by a Proclamation issued under clause (1) of article 356, it has been declared that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament, it shall be competent- 

(a) for Parliament to confer on the President the power of the Legislature of the State to make laws, and to authorise the President to delegate, subject to such conditions as he may think fit to impose, the power so conferred to any other authority to be specified by him in that behalf; 

(b) for Parliament, or for the President or other authority in whom such power to make laws is vested under sub-clause (a), to make laws conferring powers and imposing duties, or authorising the conferring of powers and the imposition of duties, upon the Union or officers and authorities thereof; 

(c) for the President to authorise when the House of the People is not in session expenditure from the Consolidated Fund of the State pending the sanction of such expenditure by Parliament. 

(2) Any law made in exercise of the power of the Legislature of the State by Parliament or the President or other authority referred to in sub-clause (a) of clause (1) which Parliament or the President or such other authority would not, but for the issue of a Proclamation under article 356, have been competent to make shall, after the Proclamation has ceased to operate, continue in force until altered or repealed or amended by a competent Legislature or other authority.

Note: “The information on Article 357 of Indian Constitution provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders.”

Article 357 of Indian Constitution Simplified Interpretation

Article 357 of Indian Constitution serves as a constitutional safeguard to maintain the rule of law and continuity in governance during periods when a state's legislature is suspended. It provides a mechanism through which the Union government can step in and temporarily take over legislative functions, ensuring the state administration functions lawfully and effectively even in a constitutional crisis.

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Article 357 of Indian Constitution provides for the exercise of legislative powers in a state when a Proclamation under Article 356 is in force due to the failure of the constitutional machinery in that state.

1. Parliament’s Delegated Authority:

When President’s Rule is imposed, the Parliament under Article 357 (a) of Constitution may:

• a) Confer upon the President the powers of the State Legislature.
• b) Authorize the President to further delegate these powers to any authority as deemed fit.

1. Law-making and Administrative Powers:
   According to Clause (b) of Article 357 of Indian Constitution the President or the delegated authority may make laws that confer powers or duties on the Union government or its officers.
2. Financial Authorization:
   Article 357 (c) of Constitution empowers the President to authorize expenditure from the Consolidated Fund of the State when the Lok Sabha is not in session, pending approval from Parliament.
3. Duration and Validity of Laws:
   Clause (2) of Article 357 of Indian Constitution states that any law made under these emergency powers:

• a) Will cease to operate one year after the Proclamation ends unless adopted by the competent State Legislature.
• b) Remains valid for past actions done under its effect.

The 42nd Amendment Act 1976 modified Article 357 of Constitution to ensure that any laws enacted for a state during President’s Rule under Article 356 would not automatically lapse once the emergency ended but would remain in force until altered or repealed by the State Legislature.

Article 357 of Indian Constitution Significance

The significance of Article 357 of Indian Constitution under Part XVIII lies in its role as a constitutional tool to uphold governance and rule of law during a constitutional breakdown in a state. It provides a framework for the Union to temporarily assume legislative operations in such situations.

• Ensures Legislative Continuity: When a State legislature cannot function the Union steps in to maintain governance.
• Delegated Governance: Article 357 of Indian Constitution empowers the President and central authorities to act in place of the State Legislature. It ensures administrative coherence.
• Checks and Balances: Any financial expenditure must still receive eventual Parliamentary sanction and preserve fiscal accountability.
• Time-Bound Power: The laws made under Article 357 of the Indian Constitution are not permanent and must be either confirmed by the State Legislature or will lapse after a year from the end of the Proclamation period.

Article 357 of Indian Constitution plays an important role in maintaining legislative and administrative continuity during periods of constitutional breakdown in a state. By empowering Parliament and the President to temporarily assume legislative functions, it ensures that governance does not come to a halt even when the State Legislature is suspended under Article 356. Article 357 of Constitution, especially after the 42nd Amendment, reinforces the balance between federal authority and the need for governance during emergencies, while incorporating safeguards like financial accountability and time-bound limitations on such powers.