Article 365 of the Constitution provides that:
Awhere a State fails to comply with Union directions, the President may hold that the State Government cannot be carried on in accordance with the Constitution
Bthe Union Parliament cannot legislate on any State subject in any circumstance whatsoever (compare Article 365) (compare Article 365)
Cthe President of India cannot promulgate Ordinances at the State level under any provision (compare Article 365) (compare Article 365)
Dthe Governor of a State may dissolve the Legislative Assembly at his sole discretion at any time (compare Article 365) (compare Article 365)
Answer & Solution
Correct answer: A. where a State fails to comply with Union directions, the President may hold that the State Government cannot be carried on in accordance with the Constitution
1. Article 365 provides that where any State has failed to comply with, or to give effect to, any directions of the Union, 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 Constitution.
2. This is one of the foundations for invoking Article 356 ('President's Rule').
3. The Governor's discretion to dissolve the Assembly is constrained by ministerial advice (S. R. Bommai principles).
4. Parliament can legislate on State subjects in special circumstances (Articles 249, 250, 252, 253).
_Source: Constitution of India (Bare Act, updated to 105th Amendment Act 2021), Govt. of India Legislative Dept., Article 365_
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