Article 357 of the Costitution of India with Case law
Article 357 of the Constitution of India
– Exercise of Legislative Powers under Proclamation of Emergency (President's Rule)
📜 Text of Article 357:
(1) Where by a Proclamation issued under 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;
(b) for Parliament, or the President or any other authority in whom such power is vested, to delegate the power to make laws to any other authority specified in the order.
(2) Any law made under clause (1) by Parliament or the President or any other authority—
(a) shall continue in force until altered, repealed, or amended by a competent authority;
(b) shall not be deemed to be void merely because it is inconsistent with powers of the State Legislature.
✅ Essence of Article 357:
| Feature | Explanation |
|---|---|
| Purpose | Allows legislative functions of a State to be exercised by the Centre during President’s Rule (Art. 356) |
| Who can legislate? | Parliament, President, or any delegated authority |
| Scope | All matters in the State List and Concurrent List |
| Duration | As long as Article 356 Proclamation is in force |
| Continuity of laws | Laws remain valid even after President’s Rule ends, unless repealed |
⚖️ Important Case Laws on Article 357:
🧑⚖️ 1. S.R. Bommai v. Union of India (1994)
Citation: AIR 1994 SC 1918
Issue: Scope and limits of President's Rule (Article 356 & 357)
Held:
Article 357 does not permit arbitrary use of legislative powers.
Parliament or President cannot override the Constitution under the guise of emergency powers.
Judicial review is available even for actions taken under Article 357.
🧑⚖️ 2. Rameshwar Prasad v. Union of India (2006)
Citation: AIR 2006 SC 980
Held:
Legislative powers under Article 357 must be exercised with restraint.
Centre cannot bypass democracy or misuse Article 356 to dissolve legitimate state assemblies.
🧑⚖️ 3. Union of India v. Harbhajan Singh Dhillon (1972)
Citation: AIR 1972 SC 1061
Context: Validity of laws passed by Parliament under emergency powers
Held:
Laws passed under Article 357 are valid even after revocation of President's Rule.
Once the State Assembly is reinstated, it may amend or repeal those laws.
🧑⚖️ 4. Kavita v. State of Rajasthan (1989)
Held:
Laws made under Article 357 are applicable only to the concerned state during the President’s Rule.
Other states are unaffected unless similar proclamations are in force.
🧾 Practical Operation of Article 357:
When President’s Rule is declared in a State:
State Legislative Assembly is either suspended or dissolved.
President (via Parliament) assumes the legislative functions.
Article 357 empowers the Parliament to:
Legislate on State subjects
Delegate this power to the President or any authority (e.g., Governor or Administrator)
All laws passed remain valid unless changed by the State Assembly once reinstated.
🔄 Related Articles:
| Article | Description |
|---|---|
| Article 356 | Imposition of President's Rule |
| Article 352–360 | Emergency provisions |
| Article 250 | Parliament’s power to legislate on State List during national emergency |
| Article 365 | President’s Rule for failure of constitutional machinery |
📌 Example:
In Jammu & Kashmir, when President's Rule was imposed (post-2018), Parliament legislated for the State under Article 357.
Similarly, during President's Rule in Punjab (1987–1992), Centre governed both administratively and legislatively.
🧠 Key Takeaways:
| Feature | Detail |
|---|---|
| Allows | Central takeover of State law-making functions |
| When used | During President's Rule (Art. 356) |
| Who can legislate? | Parliament, President, or delegated authority |
| Post-President’s Rule? | Laws remain valid until repealed by State Legislature |
| Subject to | Judicial review, federal principles, and constitutional norms |
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