Article 365 of the Indian Constitution deals with a specific situation where a State government fails to comply with or give effect to directions issued by the Union government in the exercise of its executive power. This article provides the Union executive, specifically the President, with a constitutional basis to intervene in the affairs of a State under such circumstances.
While seemingly a procedural provision, Article 365 holds significant implications for Union-State relations and is closely linked to the emergency provisions concerning the failure of constitutional machinery in a State, commonly known as President’s Rule under Article 356. It essentially deems the failure to follow Union directions as a situation where the government of the State cannot be carried on in accordance with the provisions of the Constitution.
Original Text
The original text of Article 365 of the Indian Constitution is as follows:
365. Effect of failure to comply with, or to give effect to, directions given by the Union
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.
Detailed Explanation
Article 365 provides a crucial mechanism for the Union government to ensure that States comply with directions issued to them by the Union. The executive power of the Union extends to giving directions to States in various matters as specified by the Constitution (e.g., construction and maintenance of means of communication of national or military importance, protection of railways, matters specified in the Concurrent List where Parliament has legislated, giving effect to Union laws).
If a State government fails to comply with or implement any such direction given by the Union executive under any provision of the Constitution, Article 365 empowers the President to make a specific determination. The President is authorised to hold that, in such a situation, the government of that particular State cannot be carried on in accordance with the provisions of the Constitution.
The significance of this determination lies in its relationship with Article 356. Article 356 allows the President to impose President’s Rule in a State if he is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of the Constitution. Article 365 provides a direct constitutional basis for the President to arrive at this satisfaction under Article 356, specifically when the ground for such satisfaction is the State’s failure to comply with Union directions. In essence, Article 365 deems a State’s non-compliance with Union executive directions as a failure of the constitutional machinery within that State, potentially triggering President’s Rule.
Therefore, Article 365 acts as a facilitator or a specific instance that can lead to the invocation of Article 356. It transforms a failure to comply with Union executive directions into a potential constitutional crisis within the State, justifying Union intervention. This provision underscores the hierarchical structure of the Indian federal system, where the Union executive holds powers to ensure the execution of its directives by the States, and non-compliance can attract serious consequences.
Detailed Notes
- Article 365 is titled “Effect of failure to comply with, or to give effect to, directions given by the Union”.
- It deals with the consequences of a State government not following executive directions from the Union government.
- The directions must be given by the Union in the exercise of its executive power under any provision of the Constitution.
- If a State fails to comply with or give effect to such directions, the President is empowered to take action.
- The action the President can take is 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”.
- This determination by the President under Article 365 is a specific ground for the President to be satisfied that the constitutional machinery in a State has failed.
- The satisfaction of the President that the government of a State cannot be carried on per the Constitution is the prerequisite for imposing President’s Rule under Article 356.
- Thus, Article 365 links a State’s non-compliance with Union directions directly to the possibility of imposing President’s Rule (Article 356) in that State.
- It essentially deems the failure to obey Union executive directions as a breakdown of constitutional governance in the State.
- This article highlights the Union’s authority to issue executive directions and enforce compliance from the States.
Additional Comments
- Article 365 is often seen as supplementary to Article 356, providing a specific instance that can justify the invocation of Article 356.
- The Union’s power to give executive directions to States is found in various articles (e.g., Articles 256, 257) and legislative powers (like on the Concurrent List).
- The determination by the President under Article 365 is subject to the same checks and balances applicable to the imposition of President’s Rule under Article 356, including parliamentary approval and judicial review.
- The use of Article 365 can be controversial, raising questions about the balance of power between the Union and the States and the potential for misuse for political purposes.
- The Sarkaria Commission and other bodies have reviewed the use of Article 356 (which can be triggered by Article 365) and recommended safeguards against its arbitrary use.
Summary
Article 365 of the Indian Constitution provides that if a State fails to comply with or implement executive directions given by the Union government under constitutional provisions, the President is authorised to determine that a situation has arisen where the government of the State cannot function in accordance with the Constitution. This determination serves as a constitutional ground for the President to potentially impose President’s Rule in that State under Article 356. The article thus establishes a direct link between a State’s non-compliance with Union executive directives and the potential invocation of emergency provisions concerning the failure of constitutional machinery in the State.