Article 357

Article 357 of the Constitution of India defines how legislative powers are exercised in a State during the operation of President’s Rule under Article 356. It provides a detailed constitutional framework to ensure that law-making and financial administration continue even when a State’s elected government and legislature are suspended. This article thus safeguards the continuity of governance while maintaining the supremacy of the Constitution during exceptional situations.

Constitutional Context

Article 357 functions as a supplementary provision to Article 356, which allows the President to assume control of a State’s administration when its constitutional machinery fails. While Article 356 deals with executive authority and the suspension or dissolution of the State legislature, Article 357 specifically prescribes how legislative powers will be exercised in such circumstances.
Together, these provisions form an essential part of Part XVIII (Emergency Provisions) of the Constitution, enabling the Union to ensure effective governance and constitutional order in States during political or administrative crises.

Clause (1): Exercise of Legislative Powers during President’s Rule

When President’s Rule is proclaimed under Article 356, the State Legislature’s powers are assumed by the Parliament. Clause (1) of Article 357 outlines how these powers may be exercised:
Sub-clause (a): Parliamentary Authority and Delegation

• During the operation of President’s Rule, Parliament may make laws for the State as if it were the State Legislature.
• Parliament may, by law, confer the power to make laws for the State upon the President.
• The President, in turn, may delegate these powers to any authority (for example, the Governor or a central officer) as may be specified in the order.
• This ensures that essential legislative functions can continue smoothly even in the absence of an elected State assembly.

Sub-clause (b): Powers and Duties of the Union and its Authorities

• Under this clause, Parliament, the President, or any delegated authority may make laws that confer powers or impose duties on the Union Government or its officers and agencies.
• This allows the Union to manage the administrative and legal framework of the State directly during the period of President’s Rule.

Sub-clause (c): Financial Provisions

• If the Lok Sabha (House of the People) is not in session, the President may authorise expenditure from the State’s Consolidated Fund for ongoing government functions and emergency needs.
• Such expenditure remains valid until Parliament approves it at its next session.
• This sub-clause ensures that financial operations do not come to a halt merely because the State government has been suspended.

Thus, Clause (1) creates a temporary legislative and financial substitute for the State Legislature during the President’s Rule, ensuring administrative continuity under parliamentary or presidential supervision.

Clause (2): Continuity of Laws Made under Article 357

Clause (2) provides for the continuity of laws made during President’s Rule. It stipulates that:

• All laws made under Article 357(1) shall continue to remain in force even after the Proclamation of President’s Rule ceases to operate, until they are altered, repealed, or amended by a competent legislature (usually the newly restored State Legislature).
• This prevents legal and administrative discontinuity, ensuring that governance remains stable when democratic functioning is restored.

This clause is crucial because it avoids any constitutional vacuum in the transition from central to state governance.

Significance and Purpose of Article 357

Article 357 serves multiple constitutional objectives:

1. Ensures Continuity of Governance: It provides a mechanism to maintain legislative and financial operations when a State’s constitutional machinery breaks down.
2. Balances Federal Powers: While it centralises power temporarily, it ensures that such centralisation is procedural, limited, and reversible.
3. Protects the Rule of Law: By preserving the continuity of laws and governance, it prevents administrative paralysis during emergencies.
4. Empowers the Union for Stability: It equips the Union Government with the tools needed to administer a State responsibly during a political or constitutional crisis.

Judicial Interpretation and Key Case Laws

Several landmark judgments have clarified the scope, purpose, and limitations of Articles 356 and 357, emphasising the importance of judicial review and federal balance.

• State of Rajasthan v. Union of India (1977): The Supreme Court examined the powers of Parliament and the President under Article 357, recognising the broad scope of legislative and administrative authority during President’s Rule. However, it warned that such powers must not be exercised arbitrarily or for political ends.
• S. R. Bommai v. Union of India (1994): This landmark judgment redefined the constitutional limits on the use of emergency powers. The Court held that:
  • The imposition of President’s Rule under Article 356 and, consequently, the exercise of powers under Article 357 are subject to judicial review.
  • Federalism is part of the basic structure of the Constitution, and any central action must adhere to this principle.
  • The Union cannot misuse these provisions for political purposes, and the majority of a government must be tested on the floor of the Assembly, not through the Governor’s report alone.
• Kuldip Nayar v. Union of India (2006): The Court reaffirmed that the imposition of President’s Rule and the exercise of legislative powers under Article 357 are constitutional only if they adhere to democratic and federal principles.

These cases collectively ensure that the extraordinary powers conferred under Article 357 remain accountable to the Constitution and judicial oversight.

Relationship with Other Constitutional Articles

Article 357 operates closely with several other provisions in the Constitution:

• Article 355: Imposes a duty on the Union to ensure that State governments are carried on according to the Constitution.
• Article 356: Authorises the President to assume executive powers of a State during constitutional failure.
• Article 358 and 359: Deal with the suspension of certain Fundamental Rights during emergencies.
• Article 360: Pertains to the declaration of a Financial Emergency.

These interconnected provisions collectively create a constitutional mechanism to preserve order, integrity, and governance during exceptional circumstances.

Implications for Federalism

Article 357 has significant implications for India’s quasi-federal structure:

• It represents a temporary departure from federalism, centralising power in the Union during crises.
• However, it also reaffirms cooperative federalism, as the powers exercised under it are meant to restore, not replace, State autonomy.
• The Supreme Court’s rulings have ensured that Article 357 remains a protective rather than punitive tool.

Limitations and Criticisms

Despite its necessity, Article 357—like Article 356—has been subject to criticism and concerns:

• Risk of Political Misuse: Historically, central governments have invoked President’s Rule and used Article 357 to control States governed by opposition parties.
• Erosion of Federal Autonomy: The temporary centralisation of legislative powers can weaken the principle of self-governance in States.
• Judicial Dependence: Safeguards against misuse rely heavily on judicial review rather than explicit constitutional limitations.

Nevertheless, the S. R. Bommai judgment and subsequent constitutional practice have reduced the frequency of misuse, reinforcing constitutional propriety.

Significance in Practice

Article 357 plays a vital role in maintaining continuity and legality during periods of political instability:

• It ensures that legislative, executive, and financial functions of the State do not come to a standstill.
• It allows the Union to enact essential laws, implement schemes, and ensure administrative functionality.
• The provision also guarantees that once normal governance resumes, the elected State Legislature retains the authority to amend, repeal, or replace laws made under Article 357.