Introduction

The Indian Constitution provides a comprehensive framework for the functioning of the government and the exercise of legislative powers. Article 356 of the Constitution empowers the President to issue a Proclamation of Emergency in a state if the government of that state fails to function in accordance with the constitutional provisions. Under such circumstances, the President assumes control of the state's administration and exercises legislative powers through the Governor or other appointed authorities.

Understanding Article 356

Article 356, commonly referred to as "President's Rule," deals with the imposition of Central rule in a state. It allows the President to take over the administration of a state if there is a failure of the constitutional machinery in that state. The President can invoke this article on the basis of a report from the Governor of the state or from other sources.

Once the President issues a Proclamation under Article 356, the state's legislative powers are transferred to the Parliament. The Parliament can then make laws for the state, and the executive powers are exercised by the President or the Governor, acting on behalf of the President.

Article 357: Legislative Powers under Proclamation

Article 357 of the Indian Constitution provides for the exercise of legislative powers during the period of Proclamation issued under Article 356. It outlines the procedure and authority for the exercise of these powers.

According to Article 357(1), the President may authorize the Parliament to exercise the powers and functions of the state legislature during the period of Proclamation. This means that the Parliament can make laws on any subject that falls within the jurisdiction of the state legislature.

Under Article 357(2), the President may also authorize the Parliament to delegate the power to make laws for the state to any other authority. This authority can be the President himself, the Governor, or any other appointed authority. The delegated authority can then exercise the legislative powers on behalf of the Parliament.

It is important to note that the exercise of legislative powers under Article 357 is temporary and is only valid during the period of Proclamation. Once the Proclamation is revoked, the state legislature resumes its normal functioning, and the laws made by the Parliament or the delegated authority cease to have effect.

Procedure for Exercise of Legislative Powers

The procedure for the exercise of legislative powers under Article 357 is as follows:

1. The President issues a Proclamation under Article 356, assuming control of the state's administration.
2. The President may authorize the Parliament to exercise the powers and functions of the state legislature during the period of Proclamation.
3. If authorized, the Parliament can make laws on any subject within the jurisdiction of the state legislature.
4. The President may also authorize the Parliament to delegate the power to make laws for the state to any other authority.
5. The delegated authority exercises the legislative powers on behalf of the Parliament.
6. Once the Proclamation is revoked, the state legislature resumes its normal functioning, and the laws made during the period of Proclamation cease to have effect.

Significance of Article 357

Article 357 plays a crucial role in ensuring the continuity of governance and the rule of law in a state during the period of Proclamation. It allows for the exercise of legislative powers by the Parliament or the delegated authority, ensuring that the state's administration can function smoothly even in the absence of an elected government.

This provision also prevents a legislative vacuum in the state, as the laws made by the Parliament or the delegated authority have the same effect as laws made by the state legislature. It ensures that the state remains governed by a legal framework, maintaining stability and order.

Furthermore, Article 357 provides flexibility in the exercise of legislative powers by allowing the President to delegate such powers to any other authority. This delegation can be tailored to the specific needs and requirements of the state, ensuring effective governance and decision-making.

Conclusion

Article 357 of the Indian Constitution is a crucial provision that enables the exercise of legislative powers during the period of Proclamation issued under Article 356. It ensures the continuity of governance and the rule of law in a state, allowing for the smooth functioning of the administration even in the absence of an elected government. The provision empowers the Parliament or the delegated authority to make laws for the state, maintaining stability and order. While the exercise of legislative powers under Article 357 is temporary, it plays a vital role in upholding the principles of democracy and ensuring effective governance.