Article 355 of the Indian Constitution

News: A recent petition in the Supreme Court has sought the invocation of Article 355 in West Bengal by deploying central armed forces, citing violence in Murshidabad. Article 355 of the Indian Constitution.

About Article 355

• The text of Article 355 states: “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.”

Key points

• Part of Emergency Provisions: Article 355 is included in Part XVIII of the Constitution, which deals with emergency provisions (Articles 352 to 360).
• The Union government is constitutionally obligated to:
  • Protect every state from external aggression (such as war or invasion) and internal disturbance (such as large-scale violence or breakdown of law and order).
  • Ensure that the government of every state functions in accordance with the Constitution.

Scope and Application

• Article 355 does not itself grant the Union the power to intervene directly in state affairs but serves as the basis for actions under Articles 356 (President’s Rule) and 352 (National Emergency).
• It is primarily a justification for the Centre’s intervention in extreme situations where a state is unable to maintain constitutional governance or public order.
• The Supreme Court has clarified that Article 355 is not an independent source of power for the Centre to interfere arbitrarily in state matters; it must be used judiciously and usually as a last resort.

Commissions’ view

• Commissions like the Sarkaria and Punchhi Commissions have emphasized that Article 355 imposes a duty on the Union and, by implication, grants it the power to take necessary steps—but measures like President’s Rule should be used only in cases of utmost gravity and urgency.