Part XVIII - Emergency Provisions • Article

Article 357 Simplified: Exercise of legislative powers under Proclamation issued under article 356

Article 357 (Exercise of legislative powers under Proclamation issued under article 356) outlines the powers, privileges, and immunities of the Legislative Houses and their members. It guarantees freedom of speech within the legislature, meaning members cannot be sued in any court for anything they say or any vote they cast during debates.

Official Text

(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. MERGENCY P ROVISIONS ) [(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have been competent to make shall, after the Proclamation has ceased to operate, continue in force until altered or repealed or amended by a competent Legislature or other authority.]

Simple Meaning

Explain Like Ten

When the President takes over a state, Parliament can give the President the power to write the state's laws and approve its budget. These laws remain active even after the state government returns, until the state assembly changes them.

Student Mode

Fleshes out the legislative mechanics during President's Rule (Article 356). Under Clause (1)(a), Parliament can authorize the President to make laws for the state and delegate this power. Clause (1)(c) allows the President to authorize expenditure from the State's Consolidated Fund when Lok Sabha is not in session. Under Clause (2), any laws enacted during President's Rule remain in force after the emergency ends until they are altered, repealed, or amended by the restored State Legislature.

Example

For a real constitutional problem about exercise of legislative powers under proclamation issued under article 356, Article 357 gives the starting rule and connects it to the wider system of emergency powers.

Key Takeaway

Article 357 anchors exercise of legislative powers under proclamation issued under article 356 within India's constitutional system.

FAQs

What happens to laws passed during President's Rule after it is revoked?

Under Article 357(2), laws passed during President's Rule do not automatically expire. They continue to be in force until the restored State Legislature or other competent authority actively repeals, amends, or alters them.

Who can authorize spending from the state budget during President's Rule when Lok Sabha is not in session?

Under Article 357(1)(c), the President can authorize expenditure from the Consolidated Fund of the State, pending eventual sanction and approval by Parliament.

Quiz

Under Article 357, who can Parliament authorize to make laws for a state under President's Rule?

Answer: The President of India

According to Article 357(2), laws made during President's Rule after the rule ends:

Answer: Continue in force until altered or repealed by a competent legislature