Article 355 of Indian Constitution
Article 355 of the Indian Constitution
“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.”
Meaning and Scope
Article 355 places a constitutional duty on the Union Government (Central Government) to:
Protect every state from external aggression:
This means the Union must defend the states from any foreign invasion or attacks.
Protect every state from internal disturbance:
The Union should also assist states in dealing with serious internal disturbances, such as riots, rebellions, or breakdown of law and order, that the state machinery cannot handle on its own.
Ensure constitutional governance in every state:
The Union Government must ensure that the state government functions according to the provisions of the Constitution. If a state government is unable or unwilling to carry out constitutional duties, the Union can intervene.
Relation with Other Articles
Article 355 acts as a guiding principle for Union intervention in states.
It is the constitutional basis for invoking President's Rule (Article 356).
Article 355 is the duty of the Union, while Article 356 is the power to dismiss a state government in case of failure of constitutional machinery.
Significance
Article 355 balances the federal nature of India by safeguarding the integrity and unity of the country.
It protects the states while maintaining central oversight to ensure constitutional compliance.
It provides the legal basis for the Union to step in during crises in states.
Important Case Law
1. S.R. Bommai v. Union of India (1994)
This is a landmark case regarding federalism and Article 356, but it also discusses Article 355.
The Supreme Court held that Article 355 places an obligation on the Union to ensure constitutional governance in states.
It emphasized that the power under Article 356 should be exercised with judicial review and cannot be arbitrary.
Article 355 underlies the duty of the Union to maintain the constitutional framework.
2. State of Rajasthan v. Union of India (1977)
The Court observed that Article 355 empowers the Union Government to take necessary steps to safeguard the states from internal disorder and to ensure constitutional governance.
This case reaffirmed the importance of Article 355 as the foundation for federal responsibility.
3. Hussainara Khatoon v. State of Bihar (1979)
Though primarily a human rights case, the Court acknowledged that Article 355 imposes on the Union a duty to ensure law and order and justice in states, reinforcing the obligation for internal protection.
Practical Application
When a state faces serious law and order problems, or when the state government fails to function constitutionally, the Union Government may take steps under Article 355.
These steps can include deploying central forces, monitoring governance, or recommending President’s Rule.
It is the constitutional foundation justifying the Union’s intervention in state matters for protection and constitutional compliance.
Summary
| Aspect | Explanation |
|---|---|
| Duty of Union | Protect states from external/internal threats and ensure constitutional governance |
| Relation to Federalism | Balances state autonomy with central oversight |
| Basis for Article 356 | Constitutional foundation for imposing President’s Rule |
| Judicial Review | Intervention must be reasonable, subject to Court’s scrutiny |
| Landmark Case | S.R. Bommai case emphasizing federal structure and Union’s duty |
Conclusion
Article 355 is a crucial constitutional provision that defines the Union Government’s duty to protect states and to ensure they function within constitutional limits. It safeguards India’s federal structure by providing the basis for intervention in states under extraordinary circumstances, while ensuring that such intervention is constitutional and subject to judicial oversight.
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