Article 355 of the Indian Constitution forms a critical link between the Union government and the State governments, outlining the Union’s fundamental responsibilities towards the States. It establishes a dual duty upon the Centre, reflecting the quasi-federal nature of the Indian polity where the Union holds significant power and responsibility to maintain the integrity and constitutional order across the nation.
This article serves as the foundational premise for potential central intervention in the affairs of a State, particularly in situations threatening its security or constitutional functioning. It underscores the Union’s role as a guardian of the federal system and the constitutional framework.
Original Text
355. Duty of the Union to protect States 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.
Detailed Explanation
Article 355 places two distinct but related duties on the Union government concerning the States.
Firstly, it mandates the Union to protect every State from external aggression and internal disturbance. “External aggression” refers to an act of war or invasion by a foreign power. “Internal disturbance,” while less precisely defined, generally refers to widespread public disorder, rioting, or lawlessness within a State that disrupts the normal functioning of the government or endangers public safety beyond the capacity of the State administration to control. This part of the article highlights the Union’s primary responsibility for national security and the maintenance of public order across the entire territory of India, even if law and order is primarily a State subject under Schedule VII, List II.
Secondly, Article 355 imposes a duty on the Union to ensure that the government of every State is carried on in accordance with the provisions of the Constitution. This is arguably the more significant aspect in terms of Centre-State relations and potential controversies. It means the Union must take necessary steps if it finds that a State government is not adhering to the constitutional framework, principles, or provisions. This duty provides the constitutional justification for the Union’s intervention in a State’s administration when there is a breakdown of the constitutional machinery.
Article 355 is often considered the basis and precursor for the invocation of Article 356 (Provisions in case of failure of constitutional machinery in State), commonly known as President’s Rule. While Article 355 lays down the Union’s duty, Article 356 provides the power and procedure for the President to assume the functions of the State government under specific circumstances, including the failure of the State government to be carried on in accordance with the provisions of the Constitution. The ground for imposing President’s Rule under Article 356(1) - that “a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution” - flows directly from the duty cast upon the Union by Article 355.
Detailed Notes
- Article 355 is located in Part XVIII of the Constitution, titled “Emergency Provisions.”
- It imposes a mandatory duty (“shall be the duty”) on the Union.
- The duty has two main components:
- Protecting States from external aggression.
- Protecting States from internal disturbance.
- Ensuring that the government of every State is carried on in accordance with the provisions of the Constitution.
- This article reinforces the unitary bias in the Indian federal system, granting the Union significant oversight and intervention powers.
- Protection Duty:
- “External aggression” implies an attack or invasion by a foreign power.
- “Internal disturbance” is a broad term, historically subject to interpretation. It signifies serious internal disorder beyond the State’s control.
- This duty aligns with the Union’s exclusive power over defence, armed forces, and matters relating to war and peace (Union List, Schedule VII).
- The Union fulfilling this duty might involve deploying central armed police forces or even the armed forces in aid of civil power, even without a formal declaration of emergency under Article 352.
- Constitutional Governance Duty:
- This part requires the Union to monitor whether State governments are functioning according to the letter and spirit of the Constitution.
- It is the constitutional basis for the Union’s intervention when there is a perceived breakdown of constitutional machinery in a State.
- This duty provides the ground for action under Article 356. When a State government cannot be carried on in accordance with the Constitution (as per Article 356), it implies the Union needs to step in to fulfill its duty under Article 355.
- The Union President (acting on the advice of the Council of Ministers) assesses the situation, often based on a report from the State Governor, to determine if the government can be carried on in accordance with the Constitution.
- Relationship with other Articles:
- Article 356: Article 355 is the duty that justifies the exercise of power under Article 356. The “failure of constitutional machinery” under Article 356 is the situation where the duty under Article 355 related to ensuring constitutional governance is not being met by the State itself.
- Article 352: Article 352 deals with National Emergency proclaimed on grounds of war, external aggression, or armed rebellion (originally internal disturbance). Article 355 is distinct as it focuses specifically on the Union’s duty towards individual States and is the basis for State-specific intervention (Article 356).
- Entry 2A of Union List (Schedule VII): Deployment of any armed force of the Union or any other force subject to the control of the Union or any contingent or unit thereof in any State in aid of the civil power; powers, jurisdiction, privileges and liabilities of the members of such forces while on such deployment. This legislative power supports the Union’s duty under Article 355, particularly the protection aspect.
- Controversies:
- The interpretation and application of the “internal disturbance” clause and the duty to ensure “constitutional governance” have been sources of conflict in Centre-State relations.
- Allegations of misuse of Article 356 for political purposes often revolve around the subjective determination of whether a State government is functioning “in accordance with the provisions of this Constitution.”
- The Sarkaria Commission (1988) and the Punchhi Commission (2010) extensively examined the implications and potential misuse of Articles 355 and 356 and recommended safeguards.
- The duty under Article 355 is not merely executive; it implies legislative and potentially judicial oversight roles for the Union in relation to the States, though judicial review of actions taken under Article 356 (justified by Article 355) is limited but possible, especially after the S.R. Bommai case (1994).
Additional Comments
- Article 355 represents a significant departure from a purely federal structure, granting the Centre overriding responsibility and potential authority over the States.
- While often linked to Article 356, the duty under Article 355 to protect States from external aggression or internal disturbance could also be fulfilled through other means, such as deploying central forces, providing financial assistance, or issuing directions under other constitutional provisions.
- The phrase “in accordance with the provisions of this Constitution” in Article 355 is broad and includes not just adherence to specific articles but also upholding the basic structure, democratic principles, and fundamental rights enshrined in the Constitution.
- The proper invocation and application of Article 355 are crucial for maintaining India’s unity and integrity, but its potential for misuse poses a challenge to cooperative federalism.
Summary
Article 355 imposes a dual responsibility on the Union government: to safeguard every State against external attacks and serious internal disorder, and crucially, to ensure that each State government operates in conformity with the mandates and spirit of the Constitution. This article provides the constitutional basis for the Union’s potential intervention in State affairs, particularly serving as the underlying principle that justifies the imposition of President’s Rule under Article 356 when the constitutional machinery in a State is deemed to have failed. It underscores the Union’s role as the ultimate guarantor of security and constitutional order across the Indian federation.