What is Article 357 of Indian Constitution – Defination & Meaning

Article 357: Exercise of legislative powers under Proclamation issued under article 356 (1) Where by a Proclamation issued under clause (1) of article 356, it
📅 Part XVIII – Emergency Provisions
🏷️Amended

📚 UPSC Relevant

Article Number

357

part

Part XVIII – Emergency Provisions

Status

Amended

Bare Acts Text

Article 357: 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have been competent to make shall, after the Proclamation has ceased to operate, continue in force until altered or repealed or amended by a competent Legislature or other authority.
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Full Definition & Explanation

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.

Historical Context

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. First, Parliament can give the President the authority to legislate for the state. 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 means the President can create laws that the state legislature would typically make.

Key Features

– Parliament can legislate for a state under President’s Rule.
– The President can delegate legislative powers to other authorities.
– Expenditure from the state’s funds can be authorized by the President.
– Laws made during this period remain effective until amended or repealed.
– It ensures governance continuity in cases of state government failure.

Importance & Impact

– The article ensures that legislative functions continue even during state governance failures.
– This provision allows the central government to maintain order and stability during crises.
– It empowers the President to act swiftly and decisively in times of political instability.
– Article 357 facilitates urgent financial decisions that address immediate state needs effectively.
– It ensures that public services can keep running smoothly even under President’s Rule.

Sample UPSC Question

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.

Answer

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.

Key Takeaways

✓ Article 357 allows Parliament to legislate during President’s Rule.
✓ The President can delegate powers to other authorities.
✓ Urgent financial decisions can be made without prior approval.
✓ Laws made remain effective until changed by a competent authority.
✓ It helps maintain governance continuity in times of crisis.

FAQs

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.

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.

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Pramod Pal Founder and Editor-in-Chief

Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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