Extraordinary Powers of President in Emergency under Article 365

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, if the state does not follow the Indian constitution and if the state does not obey the union Government direction. Article 365 says that 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.

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 contravention 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.

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. Therefore, the extraordinary powers under Article 365 are necessary but should be exercised with great caution and in extreme cases.