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As per Article 355, it shall be the duty of the Union to ensure that the government of every state is carried on in accordance with the provisions of the Constitution. In this regard consider the following statements
1. As per Article 355, the Union is competent to issue directions to states for the implementation of the Directives enshrined in Part IV of the Constitution.
2. If the states fail to comply with such directions of Union, it may apply Article 365 against recalcitrant states.
Which of the given statements hold true?
1 only
2 only
Both are correct
Neither is correct
Both the statements are correct. Article 355 in the Constitution of India reads- Duty of the Union to protect States against external aggression and internal disturbance 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. As per Constitutional experts, the Union is empowered to issue directions to states in line with the Directives in part IV to ensure that the states work as per the provisions of the constitutions.
Article 365 states - 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 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. This could in effect lead to imposition of President's rule in the state.
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