Actual Article
Article 365: Effect of failure to comply with, or to give effect to, directions given by the Union
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.
UPSC Notes for Article 365
Explanation:
- Union Directions: Article 365 empowers the President to hold that a State government is not functioning according to the Constitution if the State fails to comply with directions given by the Union Government.
- Implications: This provision can lead to the imposition of President’s Rule under Article 356 if the State government is deemed unable to function constitutionally.
Key Points:
- Central Authority: Reinforces the authority of the Union Government to ensure that State governments comply with constitutional directives.
- Trigger for President’s Rule: Non-compliance with Union directions can be a trigger for the imposition of President’s Rule, highlighting the importance of adherence to Union directives.
- Constitutional Mechanism: Provides a constitutional mechanism to address situations where State governments fail to follow the Union’s directives, ensuring the maintenance of constitutional governance.
Important Cases and Commissions Related to Article 365
Cases:
- S.R. Bommai vs. Union of India (1994): The Supreme Court discussed the implications of Article 365 and provided guidelines for the imposition of President’s Rule, emphasizing the need for judicial review and strict scrutiny to prevent misuse.
- State of Rajasthan vs. Union of India (1977): The Supreme Court upheld the use of Article 356, stating that non-compliance with Union directions can justify the imposition of President’s Rule under certain circumstances.
Commissions:
- Sarkaria Commission (1983): Recommended measures to ensure the fair use of Article 365 and prevent its misuse, emphasizing the importance of cooperative federalism.
- Punchhi Commission (2010): Suggested reforms to enhance transparency and accountability in the use of Article 365 and related provisions, ensuring that the imposition of President’s Rule is based on clear and justifiable grounds.
Important Reports Related to Article 365:
- Sarkaria Commission Report: Provided detailed recommendations on the use of Article 365 to ensure it is not misused for political purposes and is applied in a fair and just manner.
- Punchhi Commission Report: Offered additional safeguards to prevent the misuse of Article 365 and ensure that State autonomy is respected while maintaining constitutional governance.
Previous Year Prelims Questions Related to Article 365
- (UPSC Prelims 2016) What does Article 365 of the Indian Constitution provide for?
A. Suspension of fundamental rights
B. Effect of failure to comply with Union directions by a State
C. Election of the President
D. Distribution of revenues between the Union and States Correct Answer: B. Effect of failure to comply with Union directions by a State - (UPSC Prelims 2018) Which article of the Indian Constitution allows the President to hold that a State government is not functioning according to the Constitution if it fails to comply with Union directions?
A. Article 352
B. Article 356
C. Article 365
D. Article 370 Correct Answer: C. Article 365
Previous Year Mains Questions Related to Article 365
- Mains 2016: “Discuss the significance of Article 365 in maintaining constitutional governance in India. How does this article ensure compliance with Union directives by State governments?”
- Mains 2019: “Evaluate the impact of Article 365 on Centre-State relations in India. What safeguards are necessary to prevent its misuse and ensure cooperative federalism?”
Additional Insights:
- Ensuring Compliance: Article 365 ensures that State governments comply with Union directives, maintaining the overall integrity of constitutional governance.
- Safeguards and Judicial Review: The judiciary plays a crucial role in reviewing the use of Article 365 to prevent misuse and protect State autonomy.
- Cooperative Federalism: Emphasizes the need for cooperation between the Union and State governments, ensuring that directives are followed while respecting the federal structure of governance.
Understanding Article 365 is crucial for UPSC aspirants as it provides insights into the constitutional provisions for ensuring compliance with Union directives by State governments, highlighting the balance between central authority and State autonomy. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the mechanisms ensuring the maintenance of constitutional governance within the Indian Constitution.