Article 355 of the Indian Constitution

Article 355 of the Indian Constitution lays out the duty of the Union government to protect states against external aggression and internal disturbance. This article is an important provision that ensures the unity and integrity of the Indian nation, by giving the central government the power to intervene in the internal affairs of a state in certain circumstances.

In this blog post, we will take a closer look at the provisions of Article 355 and its significance in maintaining national security and preserving the federal structure of the Indian government.

Background of Article 355 of the Indian Constitution

Do you know Draft Article 277A (recognized as Article 355 of the Indian Constitution) was introduced through an amendment? Here’s a short historical background to know more about the article.

Article 355 of the Indian Constitution, previously known as Draft Article 277A, was not present in the initial Draft Constitution of 1948. However, on September 3, 1949, the Drafting Committee Chairman introduced this provision to the Constitution.

This article places an obligation on the Union government to protect states against external aggression and internal disturbance and to ensure that states function according to the Constitution. The purpose of this provision was to clarify that the Union’s intrusion into a state’s domain in an emergency would be based on constitutional obligation and not be arbitrary or capricious.

However, a member of the Assembly felt that the term “internal disturbance” was too vague and suggested replacing it with the more specific terms “internal insurrection or chaos” to prevent the Union from interfering in state affairs arbitrarily. Another member suggested replacing the conjunction “and” with “or” in the article so that the Union could interfere in a state’s function if either external aggression or internal disturbance occurred.

While some members defended the article and argued for the Union to have such powers even in non-emergency situations, all the proposed amendments were ultimately rejected and the article was adopted as it was on August 4, 1949.

Article 355 of the Indian Constitution

The Clause – As it is & Explained

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.

Article 355 of the Indian Constitution places a duty on the Union government to safeguard every state against external threats, such as military attacks from other countries, and internal disturbances, such as civil unrest or rebellion.

It specifies that the Union government is responsible for ensuring that the government of each state is conducted in accordance with the provisions laid out in the Constitution. This includes ensuring that the states abide by the principles of federalism and that the rights and freedoms of citizens are protected.

This provision is a crucial part of the Constitution as it guarantees the unity and integrity of the nation, by giving the central government the power to intervene in the internal affairs of a state in certain circumstances to maintain peace and order, and to ensure that the constitutional rights of citizens are protected.

Additional Powers to the Union Under Article 355

Article 355 of the Indian Constitution not only gives the Union government the power to monitor the administration of the states but also several additional powers such as:

• Power To Pass Laws On The Matters Mentioned In The State List

The Indian Constitution gives the Union government the power to pass legislation on any matter listed in the State List of the 7th Schedule if it deems it necessary for the interest of the nation. For instance, it can use Article 249 of the Indian Constitution to pass laws on matters that can aid in maintaining proper governance of states in financially challenging situations.

Article 249 of the Indian Constitution gives the Parliament the authority to legislate for the whole or any part of India with respect to any matter on the State List. Such legislation can only be considered valid if it is supported by at least two-thirds of the members of the Council of States who are present and voting along with an affirmation from The Council of States that enacting laws on that subject is necessary for the national interest.

Additionally, if Article 249 is read in conjunction with Article 251 of the Indian Constitution, it states that if there is a disagreement between legislation passed by the Parliament under Article 249 of the Indian Constitution and law passed by a State Assembly, the Union law will have the primacy to the extent of the contradiction or repugnancy.

• Power to Enforce Laws For Defence And Armed Forces

The central government has the authority to pass laws regarding the deployment and maintenance of armed troops in a state to assist the civil power, as outlined in Entry 2A of the Union List of the 7th Schedule. Even though Entries 1 and 2 in the State List give states the power to make laws related to public order and police, they are subject to the Union List Entry 2A.

Several commissions, such as the National Commission to Review the Working of the Constitution, believe that the Union’s duty under Article 355 of the Indian Constitution to provide protection to the states against foreign invasion or internal disturbance can be carried out through legislation passed under these entries.

For instance, the Central Reserve Police Force Act of 1949 and the Border Security Force Act, of 1968 give the Union government the power to intervene in the domain of the state to fulfill its obligations under Article 355 of the Indian Constitution.

• Financial Support To The States

As per Article 275 of the Indian Constitution, the Parliament has the authority to provide financial assistance to states that it deems in need. The power given to the Union under Article 275 is consistent with Article 355 of the Indian Constitution.

The final decision regarding the grant of financial aid is in the hands of the parliament. If the parliament, after assessing the current situation of a specific state, chooses to provide financial support, it has the ability to do so. The parliament can provide an appropriate amount of money, as it deems appropriate for the situation.

Conclusion

In conclusion, Article 355 of the Indian Constitution is a vital element that guarantees the unity and integrity of the country by enabling the Union government to intervene in the internal matters of a state under certain conditions.

It imposes a responsibility on the Union to safeguard every state against external aggression and internal disturbance and to guarantee that the government of each state is carried out in accordance with the provisions of the Constitution.

This article is an effective means of preserving national security and maintaining the federal structure of the Indian government. It is important to keep in mind that while Article 355 of the Indian Constitution can be beneficial in ensuring the safety and security of the nation, it should be employed sparingly and with caution.

It is essential that the Union government acts in a fair and just manner and refrains from interfering in state affairs arbitrarily. The provision should be utilized to preserve the rights and freedoms of citizens and to maintain peace and order in the country.

You Might Also Like To Read:

1. Article 352 Of The Indian Constitution
2. Article 353 Of The Indian Constitution
3. Article 354 Of The Indian Constitution

FAQs Related to Article 355 of the Indian Constitution