Home The Constitution Part XIX Article 365

Art. 365 Part XIX: Miscellaneous

Effect of Failure to Comply With, or to Give Effect To, Directions Given by the Union

Exact text — Constitution of India

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.

In Plain English

What this Article actually means

This Article creates a direct legal consequence for a state's non-compliance with a valid Union directive: it lets the President treat that non-compliance itself as evidence that the state's government 'cannot be carried on' constitutionally — which is precisely the trigger condition for invoking Article 356's President's Rule.

Why This Matters To You

How it shows up in everyday life

This is one of the more direct legal pathways connecting the Union's directive powers (found across various Articles) to the possibility of President's Rule — a state that persistently ignores a lawful Union direction faces a real risk of this Article being invoked as grounds for its government's constitutional breakdown finding.

Landmark Cases

How courts have interpreted this Article

S.R. Bommai v. Union of India(1994) 3 SCC 1 — While centrally about Article 356 itself, this ruling's broader framework of requiring genuine, demonstrable constitutional breakdown (not just any policy disagreement) also constrains how liberally Article 365's non-compliance trigger can be used to justify President's Rule. Verify this case

Read alongside this one

Art. 356 — Failure of Constitutional Machinery in a State Art. 256 — Obligation of States and the Union

Frequently Asked

Quick answers about Article 365

Can any minor disagreement between a state and the Union trigger this Article?

Not liberally — following S.R. Bommai's broader framework requiring genuine constitutional breakdown, courts have signalled that this Article's non-compliance trigger should reflect a serious, demonstrable failure to comply with a valid directive, not routine policy friction.

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The text above reproduces Article 365 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.