CiteTEXT
...proclamation in case of failure of constitutional machinery in the States. By Article 357(1)(a), if by a proclamation issued under Article 356(1) it has been declared that the powers of the legislature of...conferred to any authority to be specified by him in that behalf. The marginal note to Article 357 speaks of the “exercise of legislative powers” under the proclamation issued under Article 356. There...cannot be the slightest doubt that not only the power exercised by the President under Article 357(1)(a) but even the power exercised by his delegate under that clause is legislative in character. It is...
...effect as an Act of parliament. Article 356 empowers the President to issue a proclamation in case of failure of constitutional machinery in the States. By Article 357(1)(a...of the State Legislature to make laws but it can even authorise the president to delegate the power so conferred to any authority to be specified by him in that behalf. The marginal note to Article 357 speaks...the legislature properly so-called is the only source of law. Ordinance issued by the President and the Governors and the laws made by the President or his delegate under Article 357(1)(a) partake...
...Parliament. Parliament under Article 357(1)(a) of the Constitution enacted the Tamil Nadu State Legislature (Delegation of Powers) Act, 1976 whereby it conferred on the President of India the powers...
...Article 357 of the Constitution. According to that clause, “any law made in exercise of the power of the Legislature of the State by Parliament or the President or other authority referred to in sub-clause...under clause (1) of Article 356 of the Constitution to enact Act 19 of 1970. The said Act, in view of the provisions of clause (2) of Article 357, shall continue to remain in force in spite of the...the legal position in respect of subsisting detentions after the Act ceases to have effect in accordance with Article 357(2) of the Constitution.7. Argument has then been...
...be permissible in view of Article 357(1)(c) of the Constitution. After making such an assumption, we were asked to import an implied prohibition against a dissolution of a State Legislative Assembly...unless and until both Houses of Parliament had discussed and approved of it.91. Article 357 is headed “Exercise of legislative powers under proclamation issued under...Article 356”. It lays down:“357. (1) Where by a proclamation issued under clause (1) of Article 356, it has been declared that the powers of the Legislature of the State...
...(a) of clause (1) of Article 357 of the Constitution, and such Act, Ordinance or other law ceases to operate without being re-enacted (with or without modifications) the amendment of text made thereby...
...the Legislature and not for this Court to consider. It is true that the President's rule came to an end recently, but under Article 357(2) of the Constitution an Act passed by the President thereunder...
.... Article 357 provides for exercise of legislative powers under Proclamation issued under Article 356. Article 357 states:“(1) Where by a Proclamation issued under clause...) for Parliament to confer on the President the power of the Legislature of the State to make laws……….”6. By virtue of power conferred on it by Article 357(1)(a) read with Article 356(1...Article 357 of the Constitution. Since this is an enactment by the President himself, there was no occasion for presenting a Bill to the President. Article 111 of...
...view because of the provisions of Article 357 and Article 22(4) of the Constitution of India. Article 356 provides against the contingency of the failure of the Constitutional machinery in the States.... On a proclamation to that effect being issued, it is provided in Article 357(1)(a) that the power of the legislature of the State shall be exercisable by or under the authority of the Parliament, and...make laws. Article 357(1)(a) thus expressly gives power to the Parliament to authorise the President to delegate his legislative powers. If powers of legislation include the power of delegation to any...
...Court had examined the provision contained in Article 357 of the Education Code and thereafter, this Court was of the opinion that without sanction of the District.../complainant was having no connection with the school rather he was member of the Yuva Chhatra Sangharsh Samiti. Besides this, the Article 357 of the Code which was quoted in the order indicates that in...case. The accused persons were neither Secretary nor Member of the Managing Committee nor Headmaster/Principal of the school in question and as such provision of Article 357 of the...
...President can make rules, in proviso to Article 320(3) where the President can make regulations, in Article 357 which provides for exercise of legislative power when a proclamation has been made under...services and posts. Similarly Article 357 provides that where by a proclamation issued under Article 356 it has been declared that the powers of the legislature of the State shall be exercisable by or...Article 356, in Articles 372 and 372-A which provide for adaptation. A review of these provisions would make it clear that where it was intended that the legislative power of the President can be...
...the said Amendment Act, Article 357(2) of the Constitution was amended and it came into force on 3.1.1977. Before the said amendment, Clause (2) in Article 357 was in the following terms...expression "power to make laws" found in Article 357 and, therefore, the President is conferred only with a limited power and not all the powers of the Legislature.
2. Even assuming that...colourable one and it is totally void. Another limb of the argument is that under Article 357(2) of the Constitution, the President can be vested only with the ordinary...
...April, 1, 1954; that in any event the Regulation Order was in effect and substance a legislative Act and, in view of the provisions of Article 357(2), its operation could not extend beyond the period..., cease to have effect on the expiration of a period of one year after the Proclamation has ceased to operate, but Cl. (2) of Article 357 makes an exception............ in the case of things done or...in art. 357(2) of the Constitution and that they continue to be in operation after the period specified in that article.
On this conclusion it follows that the...
...Article 357(1)(a) for Parliament to confer on the President the power of the Legislature of the State to make laws, and authorise the President to delegate, subject to such conditions as he may think fit...to impose, the power so conferred, to any other authority to be specified by him in that behalf. By virtue of Article 357(1)(a) of the powers to enact State laws can be conferred on the President by...abdication of legislative powers in facout of an outside authority. Article 357(1)(a) itself is a complete answer to the contention raised by the learned counsel for the petitioners...
.... I take that view because of the provisions of Article 357 and Article 22(4) of the Constitution of India. Article 356 provides against the contingency of the failure of the constitutional machinery in...the States. On a proclamation to that effect being issued, it is provided in Article 357(a) that the power of the Legislature of the State shall be exercisable by or under the authority of Parliament...President the power of the ‘Legislature’ of the State ‘to make laws’. Article 357(1)(a) thus expressly gives power to Parliament to authorise the President ‘to delegate his legislative powers’. If powers of...
..., (1966) 3 SCR 486 wherein power to make rule was held to be a thing done within the meaning of Article 357(2) of the Constitution of...
...both Houses of Parliament. Under Article 357, any law made by Parliament in exercise of the power of the State Legislature, which it would not have been competent to make but for a Proclamation under...Constitution. The retention of impermanence is also clear from a reading of Article 213 of the Constitution in juxtaposition with some other provisions of the Constitution. For example, Article 357(2) of the...
...Halsbury's Laws of England, 3rd Edition, page 216, Article 357:“Family arrangements are governed by principles which are not applicable to dealings between strangers. The court, when...
...by any law made in exercise of the powers of the State Legislature by the President or other authority referred to in sub-clause (a) of clause (1) of article 357 of the Constitution...
...proclamation was in force, on March 25, 1968, the Parliament enacted West Bengal State Legislature (Delegation of Powers) Act, 1968, under Article 357(1)(a), which authorises...the power of the State Legislature as conferred by the Parliament in accordance with Article 357(1)(a) of the Constitution. In our opinion, when a law is made by the...President by virtue of the power conferred on him by the Parliament under Art 357(1)(a) of the Constitution, the provisions of Article 254(2) will not apply.12...