Constitution Section 365 — Effect of failure to comply with, or to give effect to, directions given by the Union

Part XIX — MISCELLANEOUS

Constitutional

Summary

If a state government does not follow or carry out directions issued by the Union government under the Constitution, the President can declare that the state’s government cannot function as the Constitution requires. This allows the President to take action under the emergency provisions for failure to comply with Union directions.

Official Text

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.