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Article 357 Of Indian Constitution In English
Article 357 – Exercise of legislative powers under Proclamation issued under Article 356.
(1) Whereby 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have been competent to make shall, after the Proclamation has ceased to operate, continue in force until altered or repealed or amended by a competent Legislature or other authority.
Article 357 In English
357 Article – The exercise of legislative powers under the Proclamation issued under Article 356.
(1) Whereby a proclamation issued under clause (1) of article 356, declares that the powers of the Legislature of a State shall be exercisable under the authority of Parliament or under the authority of Parliament, it shall be able to.
(a) for Parliament to confer on the President the power of the Legislature of a State to make laws, and to authorize the President to delegate, subject to such conditions as he may, the power conferred on any other authority. may consider appropriate. be specified by him in that behalf;
(b) to Parliament, or to the President or other authority in which such power to make laws is vested under sub-section (a), to confer powers, or to enforce duties, to make laws, and To authorize the imposition of duties, upon the Union or its officers and officers;
(c) to authorize the President when the Lok Sabha is not in session expenditure from the Consolidated Fund of the State pending the approval of such expenditure by the Parliament.
(2) Any law referred to in sub-clause (a) of clause (1) by Parliament or the President or other authority in exercise of the power of the Legislature of a State shall not pass to Parliament or to the President or such other authority, but under article 356. has been enabled to issue a proclamation under the Act, after the act of proclamation, shall remain in force until amended or repealed or amended by a competent legislature or other authority.
Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.
What Is Article 357 Of Indian Constitution?
Article 357 Debate Summary
The draft Article 278-A (Article 357, 1950 of the Constitution of India) was discussed in the Legislative Assembly on 3 and 4 August 1949.
When a state of emergency is declared, the President can, under the draft Article 278, declare that the legislative powers of the state shall be exercised by the Union Parliament. Under Article 278-A of the draft, Parliament can delegate this power to the President or any other authority. The draft article gives special power to the President to make financial and legislative decisions specific to the state when the Union Parliament is not in session. All powers conferred on the President and Parliament under this draft article shall be valid for a period of one year from the date of proclamation of emergency.
Some members did not believe that draft Article 278-A was necessary as the union already had sufficient powers under other emergency provisions, such as draft Articles 275 and 276. The chairman of the drafting committee disagreed, arguing that the draft Article 278-A was drawn in a specific direction. Emergencies – situations arising out of the failure of the constitutional machinery in a state. He emphasized that the draft Article 278-A was different from other emergency provisions.
One member claimed that in case of state emergency, priority should be given to the state assembly. Otherwise, the Union Parliament and the Central Executive may run the risk of becoming unpopular among the people of the State. One member responded by arguing that the level of responsible governance varied among states and, therefore, required an inquiry from the Center to ensure the healthy functioning of the Constitution. In addition, the Parliament was required to delegate its power to the President to reduce the burden of Parliament. Another member reassured that Parliament can always exercise control over the power conferred on the President. At the end of the debate, the draft Article 278-A was adopted by the Assembly on 4 August 1949.
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