Art 355, 356 और Art 365 में क्या अंतर है
Answers
Article 356 commonly known as State Emergency or President's Rule is invoked if there has been failure of the constitutional machinery in any state of India. The essence of the Article is that upon the breach of certain defined state of affairs, as ascertained and reported by the Governor of the State concerned (or otherwise) the President concludes that the 'constitutional machinery' in the State has failed. Thereupon the President makes a 'Proclamation of Emergency,' dismissing the State Legislature and Executive. During President's rule, the Governor administers the State as the agent of the President and has the authority to appoint retired civil servants or other administrators, to assist him.
This President’s Rule can be proclaimed under Article 356 on two grounds—one mentioned in Article 356 itself i.e., subjective satisfaction of the President that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the Constitution.
And secondly on the basis of Article 365 says that whenever a state fails to comply with or to give effect to any direction from the Centre, it will 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 the Constitution.
So Article 365 is basically a sub condition required for the invocation of President's Rule under Article 356.
Article 365: A Discretionary Power
It is important here to note the phraseology used in this Article. Article 365 can validly be invoked only if:
(1) any direction is given by the Union in the valid exercise of its power under any of the provisions of the Constitution; and
(2) such direction has not been complied with or given effect to by the State.
Jeevan Reddy, J. observed that Article 365 is a "permissible" provision. It merely sets out one instance in which the President may hold that the Government of the State cannot be carried on in accordance with the provisions of the Constitution.
The words "it shall be lawful for the President to hold" occurring in Article 365 do not impose an obligation. They only confer power, the exercise of which is a matter of discretion with the President. On every non-compliance with the Union direction, irrespective of its extent and significance, the President (in effect the Council of Ministers) is not bound to hold that a situation has arisen in which the Government of the non-complying State cannot be carried on in accordance with the Constitution. The President should exercise this drastic power in a reasonable manner with due care and circumspection, and not mechanically. He should give due consideration to all relevant circumstances, including the response, if any, of the State Government to the direction. In response to the direction the State Government might satisfy the President that the direction had been issued on wrong facts or misinformation, or that the required correction has been effected. The President should also keep in mind that every insignificant aberration from the constitutional path or a technical controvention of constitutional provisions by the functionaries of the State Government would not necessarily and reasonably lead one to hold that the Government in the State cannot be carried on in accordance with the Constitution.
Provisions under which Article 365 can be invoked:
Under various provisions of the Constitution, the Union Government is authorised to issue directions to the States.