Article 365 of Indian Constitution
Article 365 of the Indian Constitution
1. Text of Article 365
“If the President, on receipt of a report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may, by proclamation, assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or any other authority in the State and may declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament.”
2. Meaning and Purpose
Article 365 empowers the President of India to act when a State government fails to comply with constitutional provisions or when governance breaks down.
It is primarily invoked on the Governor’s report or any other reliable source informing the President about the constitutional failure in a State.
This article is a trigger for President’s Rule (imposition of Central Rule) in a State under Article 356.
It forms a preliminary condition for invoking Article 356, allowing the President to assume control over the State.
3. Scope of Article 365
The President can assume functions and powers of the State government.
The President can also declare that the State Legislature’s powers will be exercised by Parliament.
The article addresses failure of constitutional machinery in a State.
It does not itself impose President’s Rule but provides the basis for the proclamation under Article 356.
4. Relation with Article 356
Article 365 acts as a foundation or preliminary step.
Usually, a report under Article 365 (from Governor or otherwise) satisfies the President to impose President’s Rule under Article 356.
Without satisfying Article 365’s condition, Article 356 proclamation may be invalid.
5. Important Case Law
🏛️ S.R. Bommai v. Union of India (1994)
The Supreme Court laid down landmark guidelines on the use of Articles 356 and 365.
The Court held that the President’s satisfaction under Article 356 (which is connected to Article 365) is subject to judicial review.
The power under Article 365 cannot be exercised arbitrarily; it must be based on genuine failure of constitutional machinery.
The Court emphasized the federal nature of India and warned against misuse of Article 365/356 to dismiss State governments for political reasons.
🏛️ Rameshwar Prasad v. Union of India (2006)
Reinforced the principle that President’s Rule under Article 356 must follow due procedure, and satisfaction must be based on concrete material.
Arbitrary imposition violates the constitutional scheme.
🏛️ Hukam Singh v. State of Rajasthan (1976)
The Court recognized the Governor’s report under Article 365 as the basis for President’s satisfaction.
It confirmed the validity of Article 365 as a mechanism to address breakdown in governance.
6. Significance
Article 365 safeguards the constitutional functioning of State governments.
It is a check against unconstitutional or illegal State government actions.
Protects the federal balance by providing a constitutional remedy for breakdown of State governance.
Ensures that States operate in accordance with the Constitution.
7. Summary Table
| Aspect | Explanation |
|---|---|
| Constitutional Provision | Article 365 |
| Power Granted | President can assume State government functions when constitutional failure occurs |
| Basis for Action | Governor’s report or other information |
| Relation to President’s Rule | Preliminary step before imposing President’s Rule under Article 356 |
| Judicial Review | Satisfaction of President is subject to judicial scrutiny |
| Landmark Case | S.R. Bommai v. Union of India (1994) |
8. Conclusion
Article 365 plays a crucial role in maintaining constitutional governance in Indian States. It allows the President to intervene when the State government cannot function constitutionally, acting as a gateway for President’s Rule under Article 356. However, its use is not unchecked and must be based on genuine failure, subject to judicial review to prevent misuse.
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