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What is Article 357 of Indian constitution

 

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:

  1. Authorize Parliament to make laws for the State (normally done by the State Legislature).

  2. Delegate the power to make laws or take administrative actions to:

    • The President, or

    • Any other authority (e.g., Governor or a Central officer).


🟢 Key Points:

Aspect Details
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Limits All laws made continue to be valid even after President’s Rule ends, until repealed or modified by the State Legislature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:

  • If President’s Rule is imposed in West Bengal, Parliament can make laws for the State under Article 357.

  • The Governor or a Union officer can be authorized to run departments or implement laws temporarily.


🧭 Summary:

Before Article 356 State Legislature governs normally
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
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:

  • 🛑 Article 356 = Declares President’s Rule in a State.

  • ⚙️ Article 357 = Executes and administers governance during President’s Rule, with Parliament legislating and the President delegating powers.