Article 355

Article 355 of the Constitution of India imposes a constitutional duty on the Union Government to protect every State against external aggression and internal disturbance, and to ensure that the governance of each State is carried on in accordance with the provisions of the Constitution. This article serves as the foundation of India’s cooperative federal structure, balancing the autonomy of the States with the overarching responsibility of the Union to preserve national integrity and constitutional order.

Constitutional Context

Article 355 is located in Part XVIII of the Constitution, which deals with Emergency Provisions (Articles 352–360). While most emergency provisions empower the Union to take extraordinary measures during crises, Article 355 is distinct—it imposes a duty rather than a power. The article does not directly authorise intervention; instead, it obligates the Union to act when a State’s security or constitutional governance is threatened.
The framers of the Constitution included this provision to maintain the unity, sovereignty, and stability of the newly independent nation, particularly given the challenges of regional unrest, secessionist movements, and external threats.

Text and Key Provisions

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.”

From this, three core obligations of the Union can be identified:

1. Protection against external aggression: Safeguarding States from invasion, cross-border attacks, or any external threat to territorial integrity.
2. Protection against internal disturbance: Maintaining internal security when law and order break down within a State, including communal violence or insurgency.
3. Ensuring constitutional governance: Guaranteeing that the government of each State functions in compliance with the Constitution.

Scope and Purpose

Article 355 applies to all States and Union Territories of India. Its purpose is twofold:

• To maintain national security and territorial integrity by enabling the Union to act when a State is unable to protect itself.
• To preserve constitutional order and prevent governance breakdowns that threaten democracy or public welfare.

However, Article 355 is primarily enabling rather than operative. It provides the constitutional justification for Union intervention under other provisions, most notably Article 356 (President’s Rule).

Relationship with Related Constitutional Articles

• Article 356: Allows the President to assume control of a State’s administration when its government cannot be carried on according to the Constitution. This is the operational mechanism derived from the Union’s duty under Article 355.
• Article 357: Enables Parliament to confer powers on the President to make laws for States during President’s Rule.
• Article 352: Empowers the Union to proclaim a National Emergency, which may indirectly affect States’ governance during national crises.
• Article 360: Provides for a Financial Emergency, under which the Union can regulate State financial affairs.

Thus, Article 355 acts as a linking provision, establishing the Union’s duty that may justify action under these subsequent articles when required.

Historical Background

After independence, India faced numerous internal and external challenges—from partition-related violence to regional and linguistic movements. To safeguard the newly formed federal system, the Constituent Assembly introduced Article 355 to ensure that the Union could intervene, when necessary, to preserve constitutional stability and defend the States.
The article has been invoked implicitly or explicitly on several occasions, particularly during:

• Communal or separatist uprisings, such as those in Punjab and the Northeast.
• Natural disasters or large-scale law and order breakdowns, where the Union deployed central forces under this constitutional obligation.

Practical Application and Mechanisms

In practice, Article 355 provides the constitutional basis for several forms of Union intervention:

1. Deployment of Armed Forces: The Union may deploy military or paramilitary forces within a State to maintain law and order, typically in coordination with the State government, as part of its obligation to address internal disturbances.
2. Imposition of President’s Rule (Article 356): If a State government fails to function constitutionally, the Union, invoking its duty under Article 355, may impose President’s Rule. This allows direct administration by the President until normal governance is restored.
3. Advisory Role and Coordination: The Union may also act through advisories, coordination with State authorities, and the use of central agencies such as the National Disaster Response Force (NDRF) or Central Armed Police Forces (CAPF).

Judicial Interpretation and Landmark Case Laws

The Supreme Court and High Courts have interpreted Article 355 as a duty of protection that forms the constitutional basis for limited and justified Union intervention:

• Keshavananda Bharati v. State of Kerala (1973): The Court articulated the Basic Structure Doctrine, affirming that the federal character of the Constitution is an inviolable element. While Article 355 allows intervention, it cannot destroy the federal balance.
• Minerva Mills Ltd. v. Union of India (1980): Emphasised harmony between Fundamental Rights and Directive Principles—an essential aspect of constitutional governance that Article 355 seeks to preserve.
• S. R. Bommai v. Union of India (1994): The most significant judgment on the subject. The Supreme Court held that:
  • Article 355 imposes a constitutional obligation, but it does not grant independent power to the Union.
  • Any action, such as imposing President’s Rule under Article 356, must satisfy the conditions of constitutional breakdown and is subject to judicial review.
  • The Court also asserted that federalism is a basic feature of the Constitution, limiting the scope of arbitrary central intervention.

These rulings collectively ensure that Article 355 cannot be used as a political tool to interfere with legitimate State autonomy.

Implications of Article 355

The practical implications of Article 355 are wide-ranging:

• Strengthening National Unity: Ensures that the Union has both the responsibility and authority to defend States from internal and external threats.
• Preserving Constitutional Order: Provides a framework for the Union to act when a State government fails to uphold constitutional principles.
• Federal Coordination: Promotes cooperation between the Union and the States in addressing emergencies, law and order issues, and disaster management.
• Basis for Intervention: Serves as the constitutional foundation for actions such as deployment of central forces or proclamation of President’s Rule.

However, its operation must always remain within constitutional limits to prevent misuse.

Criticism and Concerns

While Article 355 plays a vital role in maintaining India’s integrity, it has faced criticism for its potential to undermine the federal balance:

• Possibility of Misuse: The Union may invoke Article 355 as a pretext for political interference in State affairs.
• Ambiguity of “Internal Disturbance”: The lack of a precise definition allows broad interpretation, potentially expanding central authority.
• Erosion of State Autonomy: Frequent or unjustified interventions may weaken States’ constitutional independence.
• Limited Judicial Remedies: Although courts can review actions under Article 355, political misuse often leads to delayed redressal.

The experience of the 1975–77 Emergency and multiple instances of politically motivated dismissals of State governments under Article 356 have intensified these concerns, leading to calls for stricter procedural safeguards.

Significance of Article 355

Despite these concerns, Article 355 remains an essential pillar of India’s constitutional design, ensuring national cohesion and stability. Its significance lies in:

• Preserving Sovereignty and Unity: Provides a legal mechanism for the Union to safeguard States from aggression and internal unrest.
• Protecting Constitutional Governance: Ensures that no State government operates beyond the framework of the Constitution.
• Balancing Federalism with Security: Maintains the equilibrium between decentralised governance and the necessity for central intervention in extraordinary situations.
• Basis for Cooperative Federalism: Encourages coordination between the Centre and the States for the common goal of constitutional order and public welfare.