Article 357 of CoI : Article 357: Exercise of legislative powers under Proclamation issued under article 356.

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:

1. 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.
2. Parliament's Role: Parliament decides to confer the legislative powers of the Maharashtra State Legislature to the President.
3. Delegation of Powers: The President, using the authority given by Parliament, delegates these powers to the Governor of Maharashtra, subject to certain conditions.
4. 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.
5. 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:

1. 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.
2. Parliament's Role: Parliament confers the legislative powers of the West Bengal State Legislature to the President.
3. Delegation of Powers: The President delegates these powers to the Union Home Minister, who is tasked with managing the disaster response.
4. 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.
5. Financial Authority: Since the Lok Sabha is not in session, the President authorizes immediate expenditure from West Bengal's Consolidated Fund to fund the disaster relief efforts, pending Parliament's approval.

Example 3:

Scenario: The state of Tamil Nadu is experiencing a breakdown of law and order, and the Governor reports that the state government cannot maintain peace and security.

Application of Article 356:

1. Proclamation Issued: The President issues a Proclamation under Article 356, declaring that the powers of the Tamil Nadu State Legislature will be exercised by the Parliament.
2. Parliament's Role: Parliament confers the legislative powers of the Tamil Nadu State Legislature to the President.
3. Delegation of Powers: The President delegates these powers to the Chief Secretary of Tamil Nadu, subject to specific conditions.
4. Law Making: The Chief Secretary, acting under the President's authority, enacts laws to restore law and order, such as imposing curfews and deploying additional police forces.
5. Financial Authority: Since the Lok Sabha is not in session, the President authorizes necessary expenditure from Tamil Nadu's Consolidated Fund to support the law enforcement activities, pending Parliament's approval.

Example 4:

Scenario: The state of Kerala is unable to pass its annual budget due to a political deadlock in the state legislature. The Governor reports this to the President.

Application of Article 356:

1. Proclamation Issued: The President issues a Proclamation under Article 356, stating that the powers of the Kerala State Legislature will be exercised by the Parliament.
2. Parliament's Role: Parliament confers the legislative powers of the Kerala State Legislature to the President.
3. Delegation of Powers: The President delegates these powers to the Finance Minister of India.
4. Law Making: The Finance Minister, acting under the President's authority, enacts a law to pass the annual budget for Kerala, ensuring that the state government has the necessary funds to operate.
5. Financial Authority: Since the Lok Sabha is not in session, the President authorizes expenditure from Kerala's Consolidated Fund to cover essential government functions until Parliament can approve the budget.

Example 5:

Scenario: The state of Uttar Pradesh is facing a severe health crisis due to a pandemic, and the state government is unable to manage the situation effectively. The Governor reports this to the President.

Application of Article 356:

1. Proclamation Issued: The President issues a Proclamation under Article 356, declaring that the powers of the Uttar Pradesh State Legislature will be exercised by the Parliament.
2. Parliament's Role: Parliament confers the legislative powers of the Uttar Pradesh State Legislature to the President.
3. Delegation of Powers: The President delegates these powers to the Union Health Minister.
4. Law Making: The Union Health Minister, acting under the President's authority, enacts laws to manage the health crisis, such as setting up quarantine zones and mobilizing medical resources.
5. Financial Authority: Since the Lok Sabha is not in session, the President authorizes expenditure from Uttar Pradesh's Consolidated Fund to support the health crisis management efforts, pending Parliament's approval.