The Constitution of India is the law that governs India. It was enacted on 26th January, 1950 when it became effective.
Article 365 of the Constitution of India gives a President the power to declare a state of emergency and Article 356 of the Constitution of India allows for a state government to be dismissed.
Both articles have been used in times of intense political turmoil but have also been criticized for their potential to violate fundamental rights.
Before we move to the differences, let’s understand what are Article 365 of the Constitution of India and Article 356 of the Constitution of India:
- Article 365 of the Constitution of India: Article 365 is a provision of the Constitution of India that deals with emergency situations. It allows for the government to take control of states in case of a national emergency, or if there’s an immediate threat to public order.
- Article 356 of the Constitution of India: Article 356 of the Constitution of India is a provision that allows the President to declare a state of emergency in any part of India if he feels that the state government is unable to control law and order.
Major differences between Article 365 of the Constitution of India and Article 356 of the Constitution of India
|Article 365 of the Constitution of India||Article 356 of the Constitution of India|
|Article 365 is the effect of the failure to comply with the direction of the central government.||Article 356 is the condition of failure of the constitutinal machinery in the states.|
|Article 365 comes into play when a state doesn’t follow the directions given by the central government.||Article 356 is all about imposing emergency on states when the state is unable to work as per the constitution.|
|Article 365 is the condition that’s required for the president’s rule to be applied.||Article 356 is commonly known as state emergency or president’s rule.|
In conclusion, Article 365 is basically a sub condition required for the invocation of President’s Rule under Article 356.
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