Part XVIII: Emergency Provisions

Article 357: Exercise of Legislative Powers under Proclamation

Original Article:

Clause (1): Parliament may delegate legislative powers of the State to the President, who can further delegate these powers to specified authorities.

Clause (2): Laws enacted during President’s Rule remain in effect until altered or repealed by a competent Legislature or authority.

Explanations:

Article 357 ensures legislative continuity during President’s Rule by empowering Parliament or the President to assume State Legislature functions temporarily. It also provides mechanisms to delegate these powers as needed.

Clause-by-Clause Explanation:

Clause (1): Delegation of Legislative Powers

Parliament can authorize the President to legislate for the State and delegate these powers further to authorities for effective governance.

Clause (2): Continuity of Laws

Laws enacted during President’s Rule continue to operate post-Proclamation until repealed or modified by a competent Legislature, ensuring stability.

Historical Context:

Article 357 has been instrumental during instances of President’s Rule, such as in Punjab (1987-1992), ensuring legislative and financial governance during periods of political instability.

Real-Life Examples:

• During President’s Rule in Bihar (1999), Article 357 facilitated temporary financial and legislative measures.
• In Jammu and Kashmir (2018-2019), Article 357 enabled central governance while awaiting state assembly elections.

References and Related Provisions:

Article 357 complements Article 356, providing detailed mechanisms for legislative and financial governance during President’s Rule.