Article 357 of CoI : Article 357: Exercise of legislative powers under Proclamation issued under article 356.
CoI
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Explanation using Example
Example 1:
Scenario: The state of Maharashtra is experiencing severe political instability, and the Governor reports to the President of India that the state government cannot function according to the provisions of the Constitution.
Application of Article 356:
- Proclamation Issued: The President issues a Proclamation under Article 356, declaring that the powers of the Maharashtra State Legislature will be exercised by the Parliament.
- Parliament's Role: Parliament decides to confer the legislative powers of the Maharashtra State Legislature to the President.
- Delegation of Powers: The President, using the authority given by Parliament, delegates these powers to the Governor of Maharashtra, subject to certain conditions.
- Law Making: The Governor, now acting under the President's authority, enacts a law to address the political instability and ensure the state's administration continues smoothly.
- Financial Authority: Since the Lok Sabha (House of the People) is not in session, the President authorizes expenditure from Maharashtra's Consolidated Fund to manage the state's urgent financial needs until Parliament can approve the expenditure.
Example 2:
Scenario: The state of West Bengal faces a natural disaster, and the state government is unable to manage the crisis effectively. The Governor reports this to the President, who then decides to take action under Article 356.
Application of Article 356:
- Proclamation Issued: The President issues a Proclamation under Article 356, stating that the powers of the West Bengal State Legislature will be exercised by the Parliament.
- Parliament's Role: Parliament confers the legislative powers of the West Bengal State Legislature to the President.
- Delegation of Powers: The President delegates these powers to the Union Home Minister, who is tasked with managing the disaster response.
- Law Making: The Union Home Minister, acting under the President's authority, enacts laws to facilitate disaster relief operations, such as requisitioning private property for emergency use and coordinating with central agencies.
- Financial Authority: Since the Lok Sabha is not in ses...
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