Article 357 of the Constitution of India

of article 356, it has been declared that the powers of theLegislature of the State shall be exercisable by or underthe 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 tosuch conditions as he may think fit to impose, thepower so conferred to any other authority to bespecified by him in that behalf; (b) for Parliament, or for the President or other authority in whom such power to make laws isvested under sub-clause ( a), to make laws conferring powers and imposing duties, or authorising theconferring of powers and the imposition ofduties, upon the Union or officers and authoritiesthereof; (c) for the President to authorise when the House of the People is not in session expenditure from theConsolidated Fund of the State pending the sanctionof such expenditure by Parliament. 5[(2) Any law made in exercise of the power of the Legislature of the State by Parliament or the President orother authority referred to in sub-clause ( a) of clause (1)Exercise of legislative powersunder Proclamationissued under article356. 1Omitted by the Constitution (Sixty-third Amendment) Act, 1989, s. 2 (w.e.f. 6-1-1990). Ins. by the Constitution (Sixty-fourth Amendment) Act, 1990, s. 2. 2Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 51, for cl. (2) (w.e.f. 3-1-1977).THE CONSTITUTION OF INDIA (Part XVIII. —Emergency Provisions.—Arts. 356-357.)225 which Parliament or the President or such other authority would not, but for the issue of a Proclamation underarticle 356, have been competent to make shall, after theProclamation has ceased to operate, continue in forceuntil altered or repealed or amended by a competentLegislature or other authority.] 358. 1[(1)] 2[While a Proclamation of Emergency declaring that the security of India or any part of theterritory thereof is threatened by war or by externalaggression is in operation], nothing in article 19 shallrestrict the power of the State as defined in Part III tomake any law or to take any executive action which theState would but for the provisions contained in that Partbe competent to make or to take, but any law so madeshall, to the extent of the incompetency, cease to haveeffect as soon as the Proclamation ceases to operate, exceptas respects things done or omitted to be done before thelaw so ceases to have effect: 3[Provided that 4[where such Proclamation of Emergency] is in operation only in any part of the territoryof India, any such law may be made, or any such executiveaction may be taken, under this article in relation to or inany State or Union territory in which or in any part ofwhich the Proclamation of Emergency is not in operation,if and in so far as the security of India or any part of theterritory thereof is threatened by activities in or in relationto the part of the territory of India in which theProclamation of Emergency is in operation.] 5[(2) Nothing in clause (1) shall apply— (a) to any law which does not contain a recital to the effect that such law is in relation to theSuspension ofprovisions ofarticle 19 duringemergencies. 1Art. 358 re-numbered as cl. (1) thereof by by the Constitution (Forty-fourth Amendment) Act, 1978, s. 39 (w.e.f. 20-6-1979). 2Subs. by s. 39, ibid., for “While a Proclamation of Emergency is in operation” (w.e.f. 20-6-1979). 3Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 52 (w.e.f. 3-1-1977). 4 Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 39, for “where a Proclamation of Emergency” (w.e.f. 20-6-1979). 5Ins. by s. 39, ibid. (w.e.f. 20-6-1979).THE CONSTITUTION OF INDIA (Part XVIII. —Emergency Provisions.—Arts. 357-358.)226 Suspension of the enforcement of therights conferred byPart III duringemergencies.Proclamation of Emergency in operation when it ismade; or (b) to any executive action taken otherwise than under a law containing such a recital.]