📚 UPSC Relevant
Article 365 of the Indian Constitution deals with situations where a state fails to follow directives from the Union government. When this happens, the President of India can declare that the state government cannot operate according to the Constitution. This provision ensures that the central government can take necessary action to maintain constitutional order. It is intended to prevent a breakdown of governance in states that refuse to comply with Union directives, ensuring that citizens continue to receive necessary services and protections. The application of Article 365 is major because it affects the relationship between the states and the Union government. When a state government does not adhere to the Union’s directives, the central government can step in. However, this step is not taken lightly. The President must assess the situation reasonably to determine if a genuine failure to comply exists. For instance, if a state government is not implementing a key national policy, this article allows the Union to intervene, underlining the authority of the central government in maintaining law and order. Real-world applications of Article 365 include instances of political instability where the President’s Rule was imposed in various states. This intervention can help restore governance and ensure that the state’s functioning aligns with constitutional provisions. An example is the imposition of President’s Rule in Punjab in the 1980s due to law and order issues, demonstrating how Article 365 plays a role in upholding the Constitution and ensuring effective governance.
Article 365 was adopted as part of the Constitution in 1950, reflecting the need for a mechanism to address state non-compliance. During the Constituent Assembly debates, members discussed the necessity of having central authority in maintaining governance standards across states. This article has not been amended since its inception, indicating its enduring relevance. In the landmark case of S.R. Bommai vs. Union of India in 1994, the Supreme Court emphasized that the President’s action under this article must be based on constitutional principles and cannot be arbitrary, reinforcing the checks and balances in the system.
Examine the implications of Article 365 of the Indian Constitution in the context of state governance. Consider the following statements: 1. It allows the President to intervene when a state fails to follow Union directives. 2. This article has been amended multiple times since its inception. 3. The imposition of President’s Rule is a possible outcome of invoking this article. Which of the statements is/are correct? A. 1 and 2 only B. 1 and 3 only C. 2 and 3 only D. 1, 2, and 3
Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
The correct answer is B: 1 and 3 only. Article 365 allows the President to intervene when a state government fails to comply with directives from the Union government. However, it has not been amended since its initial inclusion, making option 2 incorrect. Thus, options A and C are also incorrect.
Article 365 of the Indian Constitution deals with situations where a state fails to follow directives from the Union government. When this happens, the President of India can declare that the state government cannot operate according to the Constitution. This provision ensures that the central government can take necessary action to maintain constitutional order.
When a state government does not adhere to the Union’s directives, the central government can step in. The President must assess the situation reasonably to determine if a genuine failure to comply exists. For instance, if a state government is not implementing a key national policy, this article allows the Union to intervene, underlining the authority of the central government in maintaining law and order.
Real-world applications of Article 365 include instances of political instability where the President’s Rule was imposed in various states. This intervention can help restore governance and ensure that the state’s functioning aligns with constitutional provisions. An example is the imposition of President’s Rule in Punjab in the 1980s due to law and order issues, demonstrating how Article 365 plays a role in upholding the Constitution and ensuring effective governance.
Article 395: Repeals The Indian Independence Act, 1947, and the Government of India Act, 1935, together with all enactments amending or supplementing the
Article 394: Commencement This article and articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 shall come into force at once, and the
Article 394A: Authoritative text in the Hindi language (1) The President shall cause to be published under his authority,— (a) the translation of this
Article 392: Power of the President to remove difficulties (1) The President may, for the purpose of removing any difficulties, particularly in relation to
Article 393: Short title This Constitution may be called the Constitution of India.
Article 390: Money received or raised or expenditure incurred between the commencement of the Constitution and the 31st day of March, 1950 Omitted by the
Article 391: Power of the President to amend the First and Fourth Schedules in certain contingencies Omitted by the Constitution (Seventh Amendment) Act,
Article 388: Provisions as to the filling of casual vacancies in the provisional Parliament and provisional Legislatures of the States Omitted by the
Article 389: Provision as to Bills pending in the Dominion Legislatures and in the Legislatures of Provinces and Indian States Omitted by the Constitution
Article 386: Council of Ministers for States in Part B of the First Schedule Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f.
Article 387: Special provision as to determination of population for the purposes of certain elections Omitted by the Constitution (Seventh Amendment) Act,
Article 384: Council of Ministers of the Governors Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
Article 385: Provision as to provisional Legislatures in States in Part B of the First Schedule Omitted by the Constitution (Seventh Amendment) Act, 1956, s.
Article 382:Provisions as to provisional Legislatures for States in Part A of the First Schedule Omitted by the Constitution (Seventh Amendment) Act, 1956, s.
Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
Article 380: Provision as to President Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
Article 381: Council of Ministers of the President Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
Article 378A: Special provision as to duration of Andhra Pradesh Legislative Assembly Notwithstanding anything contained in article 172, the Legislative
Article 379: Provisions as to provisional Parliament and the Speaker and Deputy Speaker thereof Omitted by the Constitution (Seventh Amendment) Act, 1956, s.
Article 377: Provisions as to Comptroller and Auditor-General of India The Auditor-General of India holding office immediately before the commencement of this
Article 378: Provisions as to Public Service Commissions (1) The members of the Public Service Commission for the Dominion of India holding office immediately
Article 375: Courts, authorities and officers to continue to function subject to the provisions of the Constitution All courts of civil, criminal and revenue
Article 376: Provisions as to Judges of High Courts (1) Notwithstanding anything in clause (2) of article 217, the Judges of a High Court in any Province
Article 373: Power of President to make order in respect of persons under preventive detention in certain cases Until provision is made by Parliament under
Article 374: Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council (1) The Judges of the
Article 372: Continuance in force of existing laws and their adaptation (1) Notwithstanding the repeal by this Constitution of the enactments referred to in
Article 372A: Power of the President to adapt laws. (1) For the purposes of bringing the provisions of any law in force in India or in any part thereof,
Article 371I: Special provision with respect to the State of Goa Notwithstanding anything in this Constitution, the Legislative Assembly of the State of Goa
Article 371J: Special provisions with respect to the State of Karnataka (1) The President may, by order made with respect to the State of Karnataka, provide
Article 371G: Special provision with respect to the State of Mizoram Notwithstanding anything in this Constitution,— (a) no Act of Parliament in respect of—
Article 371H: Special provision with respect to the State of Arunachal Pradesh Notwithstanding anything in this Constitution,— (a) the Governor of Arunachal
Article 371E: Establishment of Central University in Andhra Pradesh Parliament may by law provide for the establishment of a University in the State of Andhra
Article 371F: Special provisions with respect to the State of Sikkim Notwithstanding anything in this Constitution,— (a) the Legislative Assembly of the State
Explanation.—In this article, the expression “Hill Areas” means such areas as the President may, by order, declare to be Hill areas.
Article 371D: Special provisions with respect to the State of Andhra Pradesh or the State of Telangana (1) The President may by order made with respect to the
Article 371A: Special provision with respect to the State of Nagaland (1) Notwithstanding anything in this Constitution,— (a) no Act of Parliament in respect
Article 371B: Special provision with respect to the State of Assam Notwithstanding anything in this Constitution, the President may, by order made with
Article 370: Temporary provisions with respect to the State of Jammu and Kashmir (1) Notwithstanding anything in this Constitution,— (a) the provisions of
Article 371: Special provision with respect to the States of Maharashtra and Gujarat (2) Notwithstanding anything in this Constitution, the President may by
Article 368: Power of Parliament to amend the Constitution and procedure therefor (1) Notwithstanding anything in this Constitution, Parliament may in
Article 369: Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List
Article 366: Definitions In this Constitution, unless the context otherwise requires, the followingexpressions have the meanings hereby respectively assigned
Article 367: Interpretation (1) Unless the context otherwise requires, the General Clauses Act, 1897, shall, subject to any adaptations and modifications that
Article 364: Special provisions as to major ports and aerodromes (1) Notwithstanding anything in this Constitution, the President may by public notification
Article 363: Bar to interference by courts in disputes arising out of certain treaties, agreements, etc. (1) Notwithstanding anything in this Constitution but
Article 363A: Recognition granted to Rulers of Indian States to cease and privy purses to be abolished Notwithstanding anything in this Constitution or in any
Article 362: Rights and privileges of Rulers of Indian States Omitted by the Constitution (Twenty-sixth Amendment)Act, 1971, s. 2 (w.e.f. 28-12-1971).
Article 361B: Disqualification for appointment on remunerative political post A member of a House belonging to any political party who is disqualified for
Article 361: Protection of President and Governors and Rajpramukhs (1) The President, or the Governor or Rajpramukh of a State, shall not be answerable to any
Explanation.—In this article, “newspaper” includes a news agency report containing material for publication in a newspaper.
Article 359A: Application of this Part to the State of Punjab Omitted by the Constitution (Sixty-third Amendment) Act, 1989, s. 3 (w.e.f. 6-1-1990).
Article 360: Provisions as to financial emergency (1) If the President is satisfied that a situation has arisen whereby the financial stability or credit of
Article 358: Suspension of provisions of article 19 during emergencies (1) While a Proclamation of Emergency declaring that the security of India or any part
Article 359: Suspension of the enforcement of the rights conferred by Part III during emergencies (1) Where a Proclamation of Emergency is in operation, the
Article 356: Provisions in case of failure of constitutional machinery in States (1) If the President, on receipt of a report from the Governor of a State or
Article 357: Exercise of legislative powers under Proclamation issued under article 356 (1) Where by a Proclamation issued under clause (1) of article 356, it
Article 354: Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation. (1) The President may, while a
Article 355: Duty of the Union to protect States against external aggression and internal disturbance It shall be the duty of the Union to protect every State
Article 352: Proclamation of Emergency. (1) If the President is satisfied that a grave emergency exists whereby the security of India or of any part of the
Article 353: Effect of Proclamation of Emergency. While a Proclamation of Emergency is in operation, then— (a) notwithstanding anything in this Constitution,
