Article 355 of Indian Constitution

The Constitution of India is a remarkable document that balances the distribution of powers between the Union and the States. This balance is especially delicate in a diverse and vast country like India, where the federal structure is unique and cooperative. Part XVIII of the Constitution contains provisions related to emergencies. Among these, Article 355 holds a special place, as it lays down 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 according to the Constitution.

This article will explore Article 355 in detail, examining its origin, text, scope, judicial interpretations, relationship with other provisions, and its significance in the Indian federal framework. The aim is to make this complex provision accessible and understandable without heavy legal jargon.

Text of Article 355 of Indian Constitution

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.”

At the core, Article 355 imposes a constitutional duty on the Union (Central Government). It is not a grant of arbitrary power but an obligation to act when a State faces threats from outside or inside its territory or when the governance in a State deviates from constitutional principles.

Historical Background and Origin

Article 355 was initially introduced in the Draft Constitution as Article 277A. It was added following debates led by Dr. B.R. Ambedkar, Chairman of the Drafting Committee. The goal was to clarify the Centre’s role in protecting States while respecting the federal structure.

During Constituent Assembly debates, several points emerged:

• The term “internal disturbance” was seen as vague, and some members suggested more specific terms such as “internal insurrection” or “chaos.” However, the broader term was retained.
• The use of “and” between “external aggression” and “internal disturbance” was discussed. Some proposed “or” for flexibility, but the original conjunction was maintained.
• There was consensus that the Union’s intervention should be exceptional, lawful, and not arbitrary.

The article was adopted on 4 August 1949 and included in Part XVIII related to emergency provisions.

Understanding the Scope of Article 355 of Indian Constitution

Article 355 carries two major duties for the Union government:

Protection against External Aggression and Internal Disturbance

• External Aggression refers to foreign invasions, attacks, or wars. The Union must defend States against such threats.
• Internal Disturbance refers to large-scale unrest within the State, such as riots, rebellions, or law and order breakdowns that can threaten the State’s stability.

The Union is expected to take all necessary steps, which may include deploying armed forces, to counter these threats.

Ensuring Constitutional Governance

Beyond protection, the Union must ensure that the governance of the States complies with the Constitution. This means that State governments must function according to constitutional principles, uphold the rule of law, and maintain democratic governance.

This duty is significant because it underpins actions like imposing President’s Rule (Article 356) if a State government fails to function constitutionally.

Article 355 as a Constitutional Duty, Not an Independent Power

It is crucial to understand that Article 355 imposes a duty on the Union but does not itself grant an independent power to intervene arbitrarily in State affairs.

Instead, it serves as a foundation or justification for the exercise of other powers, such as:

• Declaration of National Emergency (Article 352).
• Imposition of President’s Rule (Article 356).

The Centre’s actions under these articles must comply with procedural safeguards, including reporting to Parliament and judicial review.

Relationship with Other Emergency Provisions

Article 355 is part of the larger framework of emergency provisions in the Constitution:

Article 355 forms the constitutional basis for actions taken under Articles 352 and 356, but the latter two require adherence to strict procedural norms.

Landmark Judgements on Article 355 of Indian Constitution

The Supreme Court of India has clarified the ambit and application of Article 355 through several landmark cases:

S.R. Bommai v. Union of India (1994)

• The Court in S.R. Bommai v. Union of India observed that Article 355 provides the rationale for invoking Articles 356 and 357. However, Article 355 does not itself grant the Centre an independent power to dismiss a State government.
• It emphasised that “internal disturbance” is broader than “armed rebellion” (trigger for National Emergency), but a mere disturbance cannot justify President’s Rule unless the State government cannot function constitutionally.

H.S. Jain v. Union of India (1996)

• Here, President’s Rule was imposed in Uttar Pradesh without exploring alternatives such as coalition government formation.
• The Court in H.S. Jain v. Union of India ruled that the Union failed its constitutional duty under Article 355 to ensure governance in accordance with the Constitution and quashed the proclamation.

State of Rajasthan v. Union of India (1997)

Chief Justice Beg in State of Rajasthan v. Union of India explained Article 355 as an umbrella: its first limb (protection) relates to Article 352 emergencies, while the second limb (ensuring governance) relates to Article 356.

These cases show the Constitution’s emphasis on restraint, requiring the Centre to exhaust lesser measures before resorting to drastic intervention.

Article 355 and Federalism

India’s federal structure is unique—sometimes described as “quasi-federal” or “cooperative federalism.” Unlike a strict federal model where States are wholly sovereign within their sphere, Indian States share power with the Centre within a constitutional framework.

Article 355 embodies this principle by:

• Mandating the Centre to act as a protector and guardian of the States.
• Balancing State autonomy with the need for national unity and constitutional order.
• Ensuring that intervention respects constitutional boundaries and avoids arbitrary central domination.

Granville Austin, a noted historian, called Indian federalism “cooperative federalism,” emphasising mutual respect and collaboration between Centre and States—Article 355 supports this concept.

Constitutional Commissions on Centre-State Relations

Several commissions have reaffirmed the importance of Article 355 in maintaining the Centre-State balance:

• Sarkaria Commission (1988): Recommended safeguards against arbitrary central intervention and affirmed Article 355 as a constitutional obligation.
• National Commission to Review the Constitution (2002): Highlighted the need to respect State autonomy while enabling Centre’s protective role.
• Punchhi Commission (2010): Emphasised cooperative federalism and the limited but crucial role of the Centre under Article 355.

Conclusion

Article 355 is a vital but often underappreciated part of the Indian Constitution. It weaves together the Union’s responsibility to safeguard States against threats and ensures the smooth functioning of constitutional governance. Although it does not give unchecked powers, it forms the backbone of the emergency provisions by legitimising the Centre’s role in exceptional circumstances.