Home The Constitution Part XVIII Article 357

Art. 357 Part XVIII: Emergency Provisions

Exercise of Legislative Powers Under Article 356

Exact text — Constitution of India

(1) Where by a Proclamation 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 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... (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 its sanction by Parliament.

In Plain English

What this Article actually means

This Article handles the practical mechanics of law-making once a state is under President's Rule and its Legislature's powers have shifted to Parliament — it lets Parliament delegate that law-making power to the President directly, and covers how state government expenditure can continue to be authorised even when Parliament isn't in session to formally approve it.

Why This Matters To You

How it shows up in everyday life

This is why, during President's Rule, laws for that state can still be passed (often through Presidential ordinance-like action, since Parliament may not always have time to individually legislate for every affected state) rather than the state simply having no functioning law-making process at all during that period.

Read alongside this one

Art. 356 — Failure of Constitutional Machinery in a State

Frequently Asked

Quick answers about Article 357

Who actually makes new laws for a state during President's Rule?

Practically, Parliament often delegates this power to the President under this Article, who then exercises it (typically advised by the Union Council of Ministers) rather than Parliament individually debating and passing every state-specific law itself.

← PreviousArticle 356: Provisions in Case of Failure of Constitutional Machinery in States Next →Article 358: Suspension of Provisions of Article 19 During Emergencies

The text above reproduces Article 357 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.