Article 357 of the Indian Constitution addresses the exercise of legislative powers under a Proclamation made under Article 356. This Article is contained in Part XVIII titled “Emergency Provisions.”
This piece covers the said Article and its provisions and provides you insight into it.
What Is Article 357 Of The Indian Constitution?
The exercise of legislative authority under a Proclamation issued in accordance with Article 356 is covered in Article 357 of the Indian Constitution. Its Constitutional provisions are outlined in the following two clauses and subclasses:
- Where a Proclamation issued under clause(1) of article 356 specifies that the functions of the State Legislature should be exercisable by or under the power of Parliament, it shall be competent:
- (a) Parliament to grant the President the authority of the State’s Legislature to create laws and to authorize him to transfer that authority to any other authority to be designated by him in that regard, subject to any conditions he may deem appropriate to apply;
- (b) for Parliament, or the President or other authority entrusted with the ability to make laws under subclause (a), to enact laws bestowing powers and laying responsibilities, or authorizing the imparting of powers and imposition of duties, on the Union or its officers and authorities;
- (c) for the President to be able to authorize expenditures from the Consolidated Fund of the State when the House of the People is not in session, awaiting the sanction of such expenditures by Parliament;
- Any law issued in exercise of the competence of the Legislature of the State by Parliament or the President or other body 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competent to establish shall, after the Proclamation has stopped to function, continue in effect until it is revised, repealed, or amended by a competent legislature or other body.
Note: 42nd amendment of the Indian Constitution substituted the second clause of Article 357.
For additional readings:
|Article 345 Of The Indian Constitution
|Article 364 Of The Indian Constitution
|Article 362 Of The Indian Constitution
|Article 344 Of The Indian Constitution
FAQs On Article 357
What Is Article 356 Of The Indian Constitution?
The Union government may directly take charge of the state machinery under Article 356 of the Indian Constitution if a state government fails to operate in accordance with constitutional provisions.
Which Amendment Has Amended Article 357 Of The Constitution Of India?
The 42nd amendment of the Indian Constitution made significant changes to Article 357, which deals with the exercise of legislative powers under a Proclamation made under Article 356.