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What is Article 357 of Indian constitution |
Article 357 of the Indian Constitution
Title: Exercise of legislative powers under Proclamation issued under Article 356
🔷 Explanation of Article 357:
Article 357 comes into effect after the imposition of President’s Rule (Article 356).
It specifies how the Union (Centre) will exercise legislative powers in a State when the State Assembly is suspended or dissolved.
✅ Key Provisions:
When a Proclamation under Article 356 is in operation, the President may:
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Authorize Parliament to make laws for the State (normally done by the State Legislature).
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Delegate the power to make laws or take administrative actions to:
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The President, or
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Any other authority (e.g., Governor or a Central officer).
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🟢 Key Points:
Aspect | Details |
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Applies When? | President’s Rule (Article 356) is in force |
Legislative Power | Parliament makes laws for the State |
Executive Authority | President may assign powers to Governor or central officials |
Purpose | To ensure smooth governance and lawmaking in the absence of a State Legislature |
Limits | All laws made continue to be valid even after President’s Rule ends, until repealed or modified by the State Legislature |
Type | Administrative and legislative framework during State Emergency |
📝 Example:
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If President’s Rule is imposed in West Bengal, Parliament can make laws for the State under Article 357.
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The Governor or a Union officer can be authorized to run departments or implement laws temporarily.
🧭 Summary:
Before Article 356 | State Legislature governs normally |
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After Article 356 | State Assembly is dissolved/suspended → Centre steps in |
Under Article 357 | Parliament makes laws; President or delegated authority runs State administration |
Here is a comparison chart between Article 356 and Article 357 of the Indian Constitution:
🗂️ Comparison Chart: Article 356 vs Article 357
Aspect | Article 356 | Article 357 |
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Title | Provisions in case of failure of constitutional machinery in States | Exercise of legislative powers during President’s Rule |
Purpose | To impose President’s Rule in a State when constitutional machinery fails | To define how legislative and administrative powers are exercised during President’s Rule |
Trigger | Breakdown of State Government functioning as per Constitution | Comes into effect after Article 356 is invoked |
Main Provision | President can assume State functions, dismiss State Government, and dissolve or suspend Assembly | Allows Parliament to legislate for the State; President can delegate powers to authorities |
Power Source | President of India, based on Governor’s report or other inputs | Parliament, and President acting through delegated authority |
Effect on State | State Government is dismissed, Assembly dissolved or kept under suspension | Laws are made by Parliament instead of State Legislature |
Type of Power | Emergency provision, constitutional takeover | Administrative mechanism to run the State without elected govt |
Duration | Initially 6 months, extendable up to 3 years (with conditions) | Lasts as long as Article 356 is in force |
Law Continuity | Ends with revocation of President’s Rule | Laws made continue to remain in force until modified by State Legislature |
Example | Uttarakhand President’s Rule in 2016 | Parliament legislated on State matters like finance, law and order during the Rule |
📝 Summary:
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🛑 Article 356 = Declares President’s Rule in a State.
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⚙️ Article 357 = Executes and administers governance during President’s Rule, with Parliament legislating and the President delegating powers.
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