Study Guides/Civics/Article 365 of the Indian Constitution
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Article 365: Failure to Comply with Union Directions

India has a federal structure, but the Constitution gives the central government (Union) certain powers to issue directives to the state governments. Article 365 outlines the serious consequences if a state refuses to follow these constitutional directives.

Question (Click to Flip)

What is the difference between Article 356 and Article 365?

Answer

Article 356 is the actual power used to impose President's Rule. Article 365 provides one of the justifications for invoking Article 356 (failure to follow central directives).

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Key Facts

It reinforces the unitary bias of the Indian Constitution during emergencies.

The Supreme Court (in the S.R. Bommai case) ruled that the use of Article 356/365 is subject to judicial review to prevent political misuse by the Center.

The Union's directions to states usually pertain to maintaining means of communication of national importance or protecting railways.

1. What does Article 365 say?

Article 365 states that if any State has failed to comply with, or to give effect to, any directions given in the exercise of the executive power of the Union under any of the provisions of this Constitution, it shall be lawful for the President to hold that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution.

2. The Connection to President's Rule (Article 356)

Article 365 does not directly impose President's Rule. Instead, it acts as a trigger for Article 356.

  • Under Article 356, the President can impose 'President's Rule' (State Emergency) if the constitutional machinery of a state has broken down.
  • Article 365 provides one specific reason for that breakdown: the state's willful refusal to follow the lawful, constitutional orders of the Central Government.

Questions and Answers

What is the difference between Article 356 and Article 365?+

Article 356 is the actual power used to impose President's Rule. Article 365 provides one of the justifications for invoking Article 356 (failure to follow central directives).

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