Exercise of legislative powers under Proclamation issued under article 356
Article 357 — Exercise of legislative powers under Proclamation issued under article 356
- 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 authorise 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 authorising the conferring of powers and the imposition of duties, upon the Union or officers and authorities thereof;
-
(c) for the President to authorise 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have been competent to make shall, after the Proclamation has ceased to operate, continue in force until altered or repealed or amended by a competent Legislature or other authority.]
Plain English Summary
This article deals with what happens when Parliament takes over the power to make laws for a State due to a special proclamation (under Article 356). It essentially gives Parliament the authority to grant powers to the President or other bodies to make laws for that State, and allows them to create laws affecting the Union or its officers.
Key Points
- Parliamentary Power Transfer: If a Proclamation under Article 356 declares Parliament can exercise the State Legislature's powers, Parliament can give this power to the President or another specified authority.
- Making Laws for the Union: This mechanism allows Parliament or the delegated authority to make laws that impose duties or confer powers on the Union or its officers.
- Expenditure Authority: The President can authorize spending from the State's Consolidated Fund when the Parliament is not in session, pending parliamentary approval.
- Continuing Laws: Any law made under this special power remains valid until a competent authority changes or repeals it after the Proclamation ends.
Why It Matters
This article outlines the constitutional mechanism by which the central government can assume legislative control over a State during a crisis situation, ensuring that necessary laws can be enacted without waiting for the State legislature to function normally.
Landmark Judgements
No major landmark judgements.