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| What is Article 365 of Indian constitution |
Article 365 of the Indian Constitution
Title: Effect of failure to comply with, or to give effect to, directions given by the Union
🔷 Explanation of Article 365:
Article 365 lays down that if a State fails to comply with the directions given by the Union Government under the Constitution, it may be considered that the government of the State cannot be carried on in accordance with constitutional provisions.
🔴 This failure may be used as a ground to impose President’s Rule under Article 356.
✅ Key Provision (Plain Language):
"Where any State has failed to comply with, or to give effect to, any direction given in the exercise of the executive power of the Union under any provision 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."
🛠️ Purpose and Use:
| Aspect | Details |
|---|---|
| Why it exists | To ensure federal discipline and cooperation between Union and States |
| What triggers it | State disobeys or refuses to implement lawful Union directions (e.g. regarding finance, defense, communication, etc.) |
| Result | President can consider it a constitutional failure → President’s Rule (Article 356) may be imposed |
📝 Example Scenarios:
-
If a State refuses to follow Union directions on national security, maintenance of law and order, or financial discipline, it can be interpreted as breakdown of constitutional machinery.
-
Used as legal justification for dismissing State governments in politically tense situations.
⚖️ Judicial Viewpoint:
-
S.R. Bommai Case (1994): Supreme Court held that Article 356 must be used sparingly and judicial review is allowed even when Article 365 is invoked.
-
President’s decision under Article 365 cannot be arbitrary.
📌 Summary Chart:
| Feature | Details |
|---|---|
| Article | 365 |
| Deals With | Failure of States to follow Union's constitutional directions |
| Effect | Can trigger Article 356 (President’s Rule) |
| Nature | Enabling provision, not automatic |
| Judicial Review? | ✅ Yes, especially after 1994 |
| Significance | Acts as a warning mechanism in Centre-State relations |
Here is a comprehensive ✅ Summary Chart of Articles 352 to 365 of the Indian Constitution, covering all Emergency Provisions, Immunities, Princely State Agreements, and Union-State Compliance:
🇮🇳 Articles 352 to 365 – Summary Chart
| Article | Title | Key Purpose / Provision |
|---|---|---|
| 352 | 🔴 National Emergency | Declared due to war, external aggression, or armed rebellion; expands Union power; may suspend rights. |
| 353 | Effect of National Emergency | Parliament can legislate on State subjects; Centre gets full executive powers. |
| 354 | Financial Provisions during Emergency | President may alter distribution of financial resources between Centre & States. |
| 355 | Duty of the Union to Protect States | Union must protect States from external aggression, internal disturbance, and ensure constitutional governance. |
| 356 | 🟠 President’s Rule (State Emergency) | If constitutional machinery fails in a State, Centre assumes control. |
| 357 | Exercise of State Legislature powers | Parliament or President can legislate for States during President’s Rule. |
| 358 | Suspension of Article 19 Rights | Article 19 automatically suspended during National Emergency due to war or aggression. |
| 359 | Suspension of Right to Enforce Fundamental Rights | President can suspend court enforcement of Fundamental Rights (except Articles 20 & 21). |
| 360 | 🟢 Financial Emergency | Declared if financial stability or credit of India is threatened; Centre controls State finance and salaries. |
| 361 | 🛡️ Immunity for President & Governors | No legal proceedings or arrests against President/Governors during office; limited civil liability. |
| 362 | 👑 Privileges of Rulers of Indian States | Required respect for former rulers’ rights; rendered ineffective by 26th Amendment (1971). |
| 363 | ⚖️ Bar on Courts in Princely Matters | Courts barred from intervening in disputes related to accession treaties and royal privileges. |
| 364 | ⚙️ Transitional Powers Over Services, Ports, Aerodromes | President can make temporary provisions over key infrastructure during transition. |
| 365 | ⚠️ State’s Failure to Follow Union Directions | If a State disobeys Union directions, it may trigger President’s Rule under Article 356. |
🧾 Grouped Summary:
| Category | Articles | Focus |
|---|---|---|
| 🔴 Emergency Provisions | 352–360 | National, State, and Financial Emergencies – powers, effects, and safeguards |
| 🛡️ Immunities | 361 | Legal protection for President and Governors |
| 👑 Princely States | 362–363 | Privileges of former rulers and exclusion of courts from related matters |
| ⚙️ Transitional/Compliance | 364–365 | Union authority in transition and non-compliance by States |
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