Introduction

Article 356 and Article 365 of the Indian Constitution deal with the powers of the President when a state fails to follow constitutional requirements. Both provisions protect the federal structure, but they work in different ways. Article 356 gives the President the power to impose President’s Rule when a state government fails to function according to the Constitution. Article 365 treats a state’s refusal to follow Union directions as proof that the constitutional machinery has failed. This difference creates two separate triggers for central intervention. One is broad and general. The other is narrow and specific.

How Does Article 356 Work?

Article 356 allows the President to step in when a state government cannot function constitutionally. The President may act on a Governor’s report or any other reliable information. Once satisfied, the President can proclaim President’s Rule. This action suspends the authority of the elected state government. The Governor begins acting on behalf of the President. The state legislature may be suspended or dissolved. Parliament temporarily takes over the law-making powers of the state assembly.

This provision comes into use when the state cannot form a government. It also applies when a government loses majority support or when coalition partners withdraw support. It covers serious political instability that prevents the government from functioning. It does not apply to ordinary administrative failures, corruption issues, or financial crises alone unless they create a constitutional breakdown. Article 356 aims to protect constitutional governance, not to correct day-to-day problems.

Courts have placed strict limits on Article 356. In the S. R. Bommai judgment, the Supreme Court held that the President’s satisfaction is not absolute. The Court can examine whether the proclamation was made for valid reasons. If the decision was mala fide or based on irrelevant considerations, the Court may strike it down. This makes Article 356 a controlled emergency power.

How Does Article 365 Function?

Article 365 creates a specific ground for invoking Article 356. It says that if a state does not comply with the lawful directions of the Union government, the President may hold that the state government cannot operate according to the Constitution. The article acts like a bridge that links Union directions to the constitutional machinery clause. It does not give the President an independent power to dismiss a government. Instead, it creates a legal presumption that refusal to follow Union directions amounts to constitutional failure.

Union directions usually relate to matters where both the Union and the states share responsibilities. These include subjects under the Concurrent List. The article encourages cooperative federalism because it compels states to respect constitutional obligations. When a state refuses to follow directions, it disrupts national policy and administration. Article 365 treats this refusal as a serious violation that may require President’s Rule.

Courts have interpreted Article 365 as a restricting provision rather than an expanding one. It does not allow arbitrary use of Article 356. It narrows the meaning of the phrase “or otherwise” in Article 356. It ensures that the Centre cannot dismiss a state government unless the non-compliance is substantial and affects constitutional governance.

Why Do Article 356 and Article 365 Differ?

Article 356 covers any general failure of constitutional machinery. It applies when governance collapses or when political circumstances make the government dysfunctional. The President examines broader conditions such as political instability and breakdown of law and order. It gives wide but controlled powers.

Article 365 applies only when a state ignores the directions of the Union. The Constitution gives the Union authority to issue such directions in specific circumstances. When the state refuses, Article 365 automatically deems that a constitutional failure has occurred. It serves as a focused trigger for Article 356.

One provision is broad and flexible. The other is narrow and based on a specific action or refusal. Together they form a coordinated mechanism to ensure that constitutional processes continue.

What Happens When the President Invokes These Articles?

When Article 356 is invoked, President’s Rule begins. The state’s executive powers shift to the President and are exercised through the Governor. The legislative powers shift to Parliament. The state assembly may remain suspended or be dissolved. The Governor runs the administration until elections restore an elected government.

When Article 365 is invoked, it does not directly impose President’s Rule. It creates a legal basis for the President to consider Article 356. The President must still examine whether the refusal to follow directions truly led to the failure of constitutional machinery. The proclamation under Article 356 does not become automatic. The President must still follow constitutional checks and judicial safeguards.

How Do Courts View These Articles?

The judiciary has created a balance between central authority and state autonomy. In the S. R. Bommai case, the Supreme Court held that Article 356 is subject to judicial review. The Court can ask the Union to prove that the constitutional machinery failed. President’s Rule cannot be used for political reasons. Courts have also clarified that Article 365 provides only a deeming fiction. It supports Article 356 but does not remove the requirement of actual constitutional failure.

How Do These Articles Affect Federalism?

Both articles form part of India’s quasi-federal structure. India’s Constitution allows the Union to ensure that states function within constitutional limits. Article 356 ensures stability when a political crisis damages governance. Article 365 ensures that states follow national policies and directions where required. However, both provisions are subject to misuse. Judicial control, political accountability, and constitutional morality prevent excessive interference. Together they create a system that balances autonomy with unity.

What Are the Key Differences Between Article 356 and Article 365?

Article 356 responds to a wide range of governance failures. It allows the President to impose President’s Rule when the state cannot function. Article 365 responds only to the failure to follow Union directions. It treats that refusal as evidence of constitutional breakdown. Article 356 creates the effect of President’s Rule. Article 365 only triggers the conditions to consider Article 356. Courts treat Article 356 as an exceptional power and Article 365 as a guiding link to it. The judgments ensure that the Centre cannot misuse these articles to interfere unjustly in state autonomy.

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Conclusion

India is a vast federal democracy. States manage their own governments, but national unity requires coordination. Article 356 addresses political crises. Article 365 addresses administrative or legal resistance to Union directions. Together they keep the system functional. Their importance lies in ensuring that constitutional responsibilities are respected at all levels. They also reflect India’s commitment to cooperative federalism while protecting constitutional supremacy.