Part XII: Miscellaneous Provisions

Article 365: Effect of Failure to Comply with Union Directions

Original Article:

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.

Explanations:

Article 365 of the Constitution of India serves as a safeguard to uphold constitutional governance in states. By granting the President the authority to act when a state government disregards directives from the Union, this article reinforces the accountability of state governments to central authorities, thus preserving the federal structure envisioned by the Constitution.

Clause-by-Clause Explanation:

Key Provision: Authority of the President in Cases of Non-Compliance

This provision outlines that if a state government fails to comply with Union directives, the President may hold that the state’s administration cannot be conducted according to constitutional norms. This declaration by the President signals that the governance of the state may not be in accordance with the Constitution and implies potential recourse to Article 356 (President’s Rule), where the Union temporarily assumes control of the state’s administration.

Conditions for Invoking Article 365

The Article grants discretionary power to the President, meaning action is not automatic but based on the President’s assessment. It provides the Union with a mechanism to ensure state compliance with national policies or constitutional requirements. However, the decision to invoke President’s Rule often considers the gravity of the state’s non-compliance and whether other measures have been exhausted.

Historical Background and Context:

Article 365 was crafted to address situations where state governments might obstruct or ignore directives essential to national governance or unity. Its inclusion underscores India’s unique federal system, which combines elements of federalism and unitary control to address potential conflicts between state and Union interests.

Real-Life Example:

One notable example is in 1977, when the Union invoked Article 365 to justify President’s Rule in Bihar, citing the state’s non-compliance with central directives as part of a broader breakdown of law and order. This example reflects how the Article is applied in complex political contexts, where Union-State relations are strained.

References:

The Constitution of India, Article 365; historical instances of President’s Rule; and scholarly analyses on federalism in India.