Q. With reference to Article 355 of the Indian Constitution, consider the following statements:
- It empowers the Union Government to directly impose President’s Rule in a state.
- It imposes a duty on the Union to protect every state against external aggression and internal disturbance.
- Article 355 of the Indian Constitution imposes a duty on the Union Government to protect states from external aggression and internal disturbance.
Which of the statements given above is / are correct?
Answer:
2 and 3 only
Notes: Statement 1 is incorrect: Article 355 does not grant direct power to impose President’s Rule; such action is governed by Article 356.
Statement 2 is correct: It states the Union’s duty to protect states.
Statement 3 is correct:
Article 355 of the Indian Constitution imposes a duty on the Union Government to protect states from
external aggression and
internal disturbance. However, the
invocation of Article 355 is considered to be
within the discretion of the Union Government. It is generally not subject to
judicial review, as the matter of the imposition of President’s Rule (which can be part of the steps taken under Article 355) falls under the President's discretion, and the Supreme Court has upheld that such decisions are political in nature and cannot be reviewed by the judiciary.