The Constitution of India
Article 357
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have been competent to make shall, after the Proclamation has ceased to operate, continue in force until altered or repealed or amended by a competent Legislature or other authority.
Why this exists
Article 357 works alongside Article 356. When President's Rule is imposed and a state's own legislature is suspended or dissolved, someone still has to make laws and approve spending for that state. The framers designed Article 357 to fill this gap by temporarily shifting law-making power to Parliament or the President, while ensuring that any laws made during this period remain legally valid afterward, so day-to-day governance and continuity of law are not disrupted.
How courts read it
Courts have generally examined Article 357 alongside Article 356 in cases dealing with the misuse of President's Rule, most notably in S.R. Bommai v. Union of India (1994), where the Supreme Court held that the exercise of President's Rule (and by extension, the special law-making powers under Article 357) is subject to judicial review to prevent arbitrary dismissal of state governments. Courts have not extensively separately interpreted Article 357 itself, treating it mainly as a procedural extension of Article 356.
Common misconceptions
- Myth: Laws made under Article 357 automatically expire once President's Rule ends.
Fact: Article 357(2) clearly states such laws continue in force until a proper state legislature or authority amends or repeals them. - Myth: The President personally makes all laws for the state during President's Rule.
Fact: The President can delegate this law-making power to another authority, such as the Governor, under conditions set by the President.