What does Article 365 say?

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 …

What is the Article 355?

Article 355 reads: “It shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the Government of every State is carried on in accordance with the provisions of this Constitution.”

What is Article 357?

357. Exercise of legislative powers under Proclamation issued under Article 356. (1) Whereby a Proclamation issued under clause ( 1 ) of Article 356, it has been declared that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament, it shall be competent.

What is Article 365 of the Indian Constitution?

Article 365 is an extension to emergency powers of president. The constitution of India has provided the president of India the power to impose emergency using article 352 and article 365 on two different accounts. In first condition, if the state does not follow the Indian constitution, the emergency can be declared.

What is the importance of Article 365?

Thus Article 365 acts as a screen to prevent any hasty resort to the drastic action under Article 356 in the event of failure on the part of a State Government to comply with or to give effect to any constitutional direction given in the exercise of the executive power of the Union.

What is Article 365 of the Philippine Constitution?

Article 365 is intended not only to supply an additional ground for the President’s action under Article 356 but also to restrict and confine the scope of the word “otherwise” in Article 356 to the grounds mentioned in Article 365.

Can Article 365 be misused by courts?

Faizan Mustafa is Vice-Chancellor, the National Academy of Legal Studies and Research (NALSAR) University of Law, Hyderabad. The A.P. High Court’s recent order is worrisome — it opens up the possibility of judicial use or misuse of the Article Article 365 has a bitter history of misuse and corrupt practises. Substantiate – (GS 2)