Article 365 of Indian Constitution: Effect of failure to comply with, or to give effect to, directions given by the Union
Article 365 – Constitution Of India
Where 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.
What is Article 365 of Indian Constitution
In simpler terms, Article 365 can be summarized as follows:
- If any state in India fails to comply with or implement any direction issued by the Union government under the authority of the Constitution, the President of India may determine that a situation has arisen in which the government of that state cannot function according to the provisions of the Constitution.
- This article empowers the President to take certain actions, as necessary, to address the situation created by the state’s failure to comply with Union government directives. These actions may include the imposition of President’s Rule in the state, effectively placing the state under direct central government control.
Article 365 is a constitutional provision aimed at ensuring that states in India adhere to the directives and laws of the Union government. It provides a mechanism for addressing situations where states do not cooperate with or implement such directives, which is essential for maintaining the constitutional order and the unity of the nation.
Constitution Of India Part 19 Miscellaneous – Articles 361 to 367