Actual Article
Article 357: Exercise of legislative powers under Proclamation issued under Article 356
(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 authorize 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 authorizing the conferring of powers and the imposition of duties, upon the Union or officers and authorities thereof;
- (c) for the President to authorize 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.
(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, to the extent of incompetency, cease to have effect on the expiration of a period of one year after the Proclamation has ceased to operate, except as respects things done or omitted to be done before the expiration of the said period, unless the competent Legislature has by resolution adopted during that period, confirmed the law.
UPSC Notes for Article 357
Explanation:
- Legislative Powers During President’s Rule: Article 357 specifies how legislative powers are exercised when a Proclamation under Article 356 is in operation.
- Parliamentary Authority: Allows Parliament to confer the legislative powers of a State Legislature on the President, who can further delegate these powers to other authorities.
- Expenditure Authorization: Empowers the President to authorize expenditure from the Consolidated Fund of the State when the Lok Sabha is not in session, subject to parliamentary approval.
Key Points:
- Delegation of Powers: Provides a mechanism for the delegation of legislative powers during President’s Rule to ensure governance continuity.
- Temporary Laws: Laws made under this provision cease to have effect one year after the Proclamation ceases to operate unless confirmed by the competent Legislature.
- Financial Management: Ensures financial management and expenditure authorization during the period when State legislative powers are vested in the Union.
Important Cases and Commissions Related to Article 357
Cases:
- S.R. Bommai vs. Union of India (1994): This landmark case discussed the implications of Article 356 and related provisions, ensuring judicial oversight over the use of President’s Rule and related legislative powers.
Commissions:
- Sarkaria Commission (1983): Recommended guidelines for the use of President’s Rule and the exercise of legislative powers under Article 357 to prevent misuse.
- Punchhi Commission (2010): Suggested reforms to ensure the fair use of legislative powers during President’s Rule and to maintain the balance between central authority and state autonomy.
Important Reports Related to Article 357:
- Sarkaria Commission Report: Provided detailed recommendations on the exercise of legislative powers under President’s Rule, emphasizing the need for proper justification and safeguards.
- Punchhi Commission Report: Offered additional safeguards and procedures to ensure the judicious use of Article 357 and to protect state interests.
Previous Year Prelims Questions Related to Article 357
- (UPSC Prelims 2016) What does Article 357 of the Indian Constitution pertain to?
A. Imposition of President’s Rule
B. Exercise of legislative powers during President’s Rule
C. Distribution of revenues between the Union and States
D. Amendment of the Constitution Correct Answer: B. Exercise of legislative powers during President’s Rule - (UPSC Prelims 2018) Under Article 357, who can be authorized to exercise the legislative powers of a State during President’s Rule?
A. The Chief Justice of India
B. The Prime Minister
C. The President
D. The Governor Correct Answer: C. The President
Previous Year Mains Questions Related to Article 357
- Mains 2016: “Discuss the provisions of Article 357 regarding the exercise of legislative powers during President’s Rule. How do these provisions ensure continuity of governance in a State?”
- Mains 2019: “Evaluate the safeguards provided under Article 357 to prevent the misuse of legislative powers during President’s Rule. How effective are these safeguards in maintaining federal principles?”
Additional Insights:
- Governance Continuity: Article 357 ensures the continuity of governance by delegating legislative powers during President’s Rule, enabling the central government to manage the State’s legislative functions effectively.
- Checks and Balances: Requires parliamentary approval for expenditure and mandates that laws made under this provision cease to have effect unless confirmed, providing checks on the exercise of delegated legislative powers.
- Federal Principles: Balances the need for central intervention during a constitutional crisis with safeguards to protect state autonomy and prevent misuse.
Understanding Article 357 is crucial for UPSC aspirants as it provides insights into the constitutional provisions for the exercise of legislative powers during President’s Rule, highlighting the mechanisms ensuring governance continuity and maintaining federal principles. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the mechanisms ensuring the effective and fair use of legislative powers within the Indian Constitution.