Article 357: Exercise of Executive Powers of the State in Certain Cases
Introduction: Article 357 is a provision within the Indian Constitution that addresses situations where the constitutional machinery in a state is deemed to be inoperative or has failed to function in accordance with the provisions of the Constitution. It empowers the President of India to take certain measures to ensure the proper governance of the state.
Proclamation by the President:
- If the President is satisfied that the governance of a state cannot be carried out according to the constitutional provisions, a proclamation can be issued.
- This proclamation is issued under the authority vested in the President by Article 356 (imposition of President’s rule) or by the advice of the Governor of the concerned state.
Assumption of Functions:
- The President, upon issuing such a proclamation, can assume to himself or to officers designated by him any or all functions of the government of that state.
- This enables the President to take direct control over the state’s executive powers and decision-making functions.
Administration of State:
- The Article empowers the President to take necessary steps for the administration of the state.
- These steps include the exercise of executive powers, the functioning of government departments, and the administration of justice.
Provision of Funds:
- Article 357 also empowers the President to provide for financial measures to ensure the functioning of the state administration.
- The President can authorize the expenditure of state funds for this purpose.
Temporary and Transitional Measure:
- The measures taken under Article 357 are temporary and transitional in nature.
- The intent is to restore the normal functioning of the state machinery as soon as the situation improves.
Revocation of Proclamation:
- The President can revoke the proclamation when satisfied that the state’s constitutional machinery is once again capable of functioning in accordance with the Constitution.
- The power of revocation rests with the President.
Conclusion: Article 357 serves as a mechanism to address situations where the proper governance of a state is hampered due to the breakdown of the constitutional machinery. It allows for the central government to step in and take temporary control to ensure the functioning of the state administration until the situation stabilizes.
Please note that while the headings provide a structured overview of Article 357, it’s always advisable to refer to the original Indian Constitution or legal resources for a comprehensive understanding and precise details.