What is Article 105 of Indian Constitution – Defination & Meaning
Article 105: Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof (1) Subject to the provisions of this
📚 UPSC Relevant
Article 357 of the Indian Constitution allows Parliament to exercise legislative powers when a state is under President’s Rule, as declared by Article 356. This situation arises when the state government fails to function according to constitutional provisions. Under this article, the President can make laws for the state or delegate this power to others, ensuring governance continues smoothly. This provision is key during political instability in states, allowing the central government to step in and maintain order.
The article outlines three main powers. First, Parliament can give the President the authority to legislate for the state. This means the President can create laws that the state legislature would typically make. Second, it allows Parliament or the President to impose duties on Union officers, ensuring that federal responsibilities are fulfilled even when state governance is disrupted. Lastly, the President can authorize expenditures from the state’s Consolidated Fund before Parliamentary approval, helping manage urgent financial needs.
Real-world impacts are major. If a state government is dismissed due to corruption or inefficiency, Article 357 ensures that laws are still made, and public services continue. This process helps maintain stability, although it can lead to tensions between central and state governments. Critics argue that it may undermine state autonomy. However, supporters view it as a necessary tool for times of crisis, ensuring that democracy and governance are not halted during such situations.
Article 357 was adopted when the Constitution was enacted in 1950. During the Constituent Assembly debates, concerns about state governance and the need for federal intervention were discussed. It was amended by the 42nd Amendment in 1976 to clarify legislative powers under President’s Rule. Key Supreme Court cases, such as the S.R. Bommai case, have emphasized the need for justifiable reasons when invoking President’s Rule. This case reinforced the importance of state autonomy while allowing for necessary intervention. This historical evolution demonstrates the responsive nature of the constitutional framework in addressing the nation’s changing needs over time This ensures clarity under the law.
Which of the following statements about Article 357 of the Indian Constitution is correct? A) It allows state legislatures to function independently. B) It empowers Parliament to legislate for a state under President’s Rule. C) The President cannot delegate legislative powers to any other authority. D) Laws made under Article 357 cannot remain effective after a proclamation ends. Analyze the ramifications of these provisions in governance during a state emergency.? Which of the statements given above are correct in the context of the federal structure of India?
The correct answer is B. Article 357 empowers Parliament to legislate for a state when it is under President’s Rule, ensuring that governance continues. Options A and C are incorrect because they misrepresent the legislative and delegation powers. Option D is wrong, as laws made continue to operate until amended or repealed.
When a state is under President’s Rule, the central government takes over governance. This is usually due to political instability or failure of the state government. Article 357 allows Parliament to make laws for the state, ensuring governance and public services continue uninterrupted during such crises. These rules help maintain a consistent and fair approach to public administration and governance across the country.
Yes, the President can delegate legislative powers to designated authorities under Article 357. This delegation is key for effective governance when a state is under President’s Rule. It enables timely legal decisions and actions to be taken, ensuring that laws are made despite the absence of a functioning state legislature.
Laws made under Article 357 remain in force until they are amended, repealed, or changed by a competent authority. This provision ensures continuity in governance even after the state returns to normalcy. It allows the new government to evaluate and modify these laws as necessary to align with the state’s needs.
Article 105: Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof (1) Subject to the provisions of this
Article 103: Decision on questions as to disqualifications of members (1) If any question arises as to whether a member of either House of Parliament has
Article 104: Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified If a person sits or
Article 101: Vacation of seats (1) No person shall be a member of both Houses of Parliament and provision shall be made by Parliament by law for the vacation
Explanation.—For the purposes of this clause a person shall not be deemed to hold an office of profit under the Government of India or the Government of any
Article 99: Oath or affirmation by members Every member of either House of Parliament shall, before taking his seat, make and subscribe before the President,
Article 100: Voting in Houses, power of Houses to act notwithstanding vacancies and quorum (1) Save as otherwise provided in this Constitution, all questions
Article 97: Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker There shall be paid to the Chairman and the Deputy
Article 98: Secretariat of Parliament (1) Each House of Parliament shall have a separate secretarial staff: Provided that nothing in this clause shall be
Article 95: Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker (1) While the office of Speaker is
Article 96: The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration (1) At any sitting of the
Article 93: The Speaker and Deputy Speaker of the House of the People The House of the People shall, as soon as may be, choose two members of the House to be
Article 94: Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker A member holding office as Speaker or Deputy Speaker of
Article 91: Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman (1) While the office of Chairman is
Article 92: The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration (1) At any sitting of the
Article 90: Vacation and resignation of, and removal from, the office of Deputy Chairman A member holding office as Deputy Chairman of the Council of States—
Article 89: The Chairman and Deputy Chairman of the Council of States (1) The Vice- President of India shall be ex officio Chairman of the Council
Article 87: Special address by the President (1) At the commencement of the first session after each general election to the House of the People and at the
Article 88: Rights of Ministers and Attorney-General as respects Houses Every Minister and the Attorney-General of India shall have the right to speak in, and
Article 85: Sessions of Parliament, prorogation and dissolution (1) The President shall from time to time summon each House of Parliament to meet at such time
Article 86: Right of President to address and send messages to Houses (1) The President may address either House of Parliament or both Houses assembled
Article 83: Duration of Houses of Parliament (1) The Council of States shall not be subject to dissolution, but as nearly as possible one-third of the members
Article 84: Qualification for membership of Parliament A person shall not be qualified to be chosen to fill a seat in Parliament unless he— (a) is a citizen
Article 81: Composition of the House of the People (1) Subject to the provisions of article 331, the House of the People shall consist of— (a) not more than
Article 82: Readjustment after each census Upon the completion of each census, the allocation of seats in the House of the People to the States and the
Article 79: Constitution of Parliament There shall be a Parliament for the Union which shall consist of the President and two Houses to be known respectively
Article 80: Composition of the Council of States (1) The Council of States shall consist of— (a) twelve members to be nominated by the President in accordance
Article 77: Conduct of business of the Government of India (1) All executive action of the Government of India shall be expressed to be taken in the name of
Article 78: Duties of Prime Minister as respects the furnishing of information to the President, etc It shall be the duty of the Prime Minister— (a) to
Article 75: Other provisions as to Ministers (1) The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the
Article 76: Attorney-General for India (1) The President shall appoint a person who is qualified to be appointed a Judge of the Supreme Court to be
Article 74: Council of Ministers to aid and advise President (1) There shall be a Council of Ministers with the Prime Minister at the head to aid and advise
Article 73: Extent of executive power of the Union (1) Subject to the provisions of this Constitution, the executive power of the Union shall extend— (a) to
Article 71: Matters relating to, or connected with, the election of a President or Vice-President (1) All doubts and disputes arising out of or in connection
Article 72: Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases (1) The President shall have the power to
Article 69: Oath or affirmation by the Vice-President Every Vice-President shall, before entering upon his office, make and subscribe before the President, or
Article 70: Discharge of President’s functions in other contingencies Parliament may make such provisions as it thinks fit for the discharge of the functions
Article 67: Term of office of Vice-President The Vice-President shall hold office for a term of five years from the date on which he enters upon his office:
Article 68: Time of holding election to fill vacancy in the office of Vice-President and the term of office of person elected to fill casual vacancy (1) An
Article 65: The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President
Explanation.—For the purposes of this article, a person shall not be deemed to hold any office of profit by reason only that he is the President or
Article 63: The Vice-President of India There shall be a Vice-President of India.
Article 64: The Vice-President to be ex officio Chairman of the Council of States The Vice-President shall be ex officio Chairman of the Council of
Article 61:Procedure for impeachment of the President (1) When a President is to be impeached for violation of the Constitution, the charge shall be preferred
(1) An election to fill a vacancy caused by the expiration of the term of office of President shall be completed before the expiration of the term.
Article 59: Conditions of President’s office (1) The President shall not be a member of either House of Parliament or of a House of the Legislature of any
Article 60: Oath or affirmation by the President Every President and every person acting as President or discharging the functions of the President shall,
Explanation.—For the purposes of this article, a person shall not be deemed to hold any office of profit by reason only that he is the President or
Article 57: Eligibility for re-election A person who holds, or who has held, office as President shall, subject to the other provisions of this Constitution,
Explanation.—In this article, the expression “population” means the population as ascertained at the last preceding census of which the relevant figures have