Articles 357 to the End – Strengthening Governance, Safeguarding Democracy


Articles 357 to the End – Strengthening Governance, Safeguarding Democracy

The latter provisions of the Indian Constitution, starting from Article 357 onwards, form an important culmination of the constitutional framework. They detail emergency provisions, transitional arrangements, and special powers that ensure the smooth functioning of the Union Government while safeguarding democratic principles. These articles deal with exceptional situations, special responsibilities, and important legislative provisions that enable the government to maintain stability without compromising the rights of citizens.

Article 357 – Exercise of Legislative Powers under Proclamation

When the President assumes control of a state under President’s Rule (as per Article 356), Article 357 enables Parliament to delegate its legislative powers for that state. It can either:

  • Make laws directly for the state, or
  • Authorize the President or other authorities to make such laws.

This ensures that governance continues even during a constitutional breakdown at the state level.

Article 358 – Suspension of Fundamental Rights during Emergency

Article 358 safeguards national security by allowing the suspension of freedoms under Article 19 during a national emergency caused by war or external aggression. However, post the 44th Constitutional Amendment, this suspension applies only to external emergencies, not to internal disturbances.

Article 359 – Suspension of Enforcement of Fundamental Rights

The President, through an order, can suspend citizens’ ability to move the courts for enforcement of certain fundamental rights during an emergency. However:

  • Articles 20 and 21 (protection in criminal cases and right to life & liberty) cannot be suspended.
  • The suspension lasts only during the emergency and to the extent mentioned in the order.

Article 360 – Financial Emergency

If the President believes the financial stability or credit of India is in danger, Article 360 allows a Financial Emergency to be proclaimed.
During this period:

  • Salaries of government officials, including judges, can be reduced.
  • All financial decisions are subject to Union control.
  • The executive authority of states is significantly curtailed.

Thankfully, India has never faced a financial emergency to date.

Miscellaneous and Transitional Provisions

Beyond emergency powers, the Constitution contains a series of Articles 361 to 367 that address immunity, transitional arrangements, and interpretation clauses.

Article 361 – Protection for President and Governors

The President and state Governors enjoy immunity from legal proceedings during their term for official acts. This ensures:

  • Unhindered functioning of the highest offices.
  • Separation between personal liabilities and constitutional duties.

Article 361A – Protection for Publication of Parliamentary Proceedings

No person can be held liable for publishing an accurate report of Parliament or state legislature proceedings, ensuring press freedom in legislative matters.

Article 362 & 363 – Rights of Former Rulers of Indian States

Before integration, princely states had certain privileges. These articles initially dealt with the continuation of such rights but were later modified or removed through constitutional amendments.

Article 368 – Power to Amend the Constitution

One of the most significant provisions, Article 368, lays down the procedure for amending the Constitution.
It specifies:

  • Simple majority amendments (ordinary provisions).
  • Special majority amendments (most constitutional provisions).
  • Special majority with state ratification (federal provisions like the distribution of powers).

The Supreme Court in the Kesavananda Bharati case (1973) ruled that Parliament cannot amend the basic structure of the Constitution.

Articles 369 to 392 – Temporary, Transitional, and Special Provisions

These include:

  • Article 370 (special status to Jammu & Kashmir – now abrogated in 2019).
  • Article 371 and sub-clauses (special provisions for certain states like Maharashtra, Gujarat, Nagaland, etc.).
  • Provisions for the continuation of existing laws until repealed or amended.

Schedules and Appendices

Post the main articles, the Constitution contains 12 Schedules that elaborate on:

  • Allocation of powers.
  • Lists of states and union territories.
  • Oaths, salaries, and other procedural details.

Significance of These Final Articles

The tail-end of the Constitution is not mere formality — it is the safety net for India’s democratic structure. It ensures:

  1. Continuity of governance even in emergencies.
  2. Protection of constitutional offices from legal distractions.
  3. Flexibility through amendments to adapt to changing needs.
  4. Special consideration for unique regions and communities.

Conclusion

From Article 357 to the very end, the Constitution of India lays down the final layer of security, flexibility, and foresight for the Union Government. These provisions demonstrate that while the Indian Constitution values freedom and democracy, it also anticipates crises and provides mechanisms to overcome them without descending into chaos.

India’s constitutional architects foresaw that governance is not always smooth — and thus, they built in tools, safeguards, and emergency measures to keep the country united and stable in all circumstances.


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