Article 355 of the Indian Constitution, Purpose, Judgements

Article 355 of the Indian Constitution establishes the Union’s constitutional duty to protect States and ensure lawful governance, forming the foundation for balanced intervention within India’s cooperative federal framework.

About Article 355 of the Indian Constitution 

Article 355 of the Constitution falls in Part XVIII of the Constitution. It imposes a duty on the Union to protect the States from external aggression and internal disturbance, as well as the duty to ensure that the Governments of the States are carried on in accordance with the provisions of the Constitution. 

• Protection Against External Aggression: The Union Government is responsible for defending States against invasions or attacks from foreign powers. This underscores India’s sovereignty and territorial integrity. For instance, during the 1965 and 1971 wars with Pakistan, the Union’s armed forces protected border States like Punjab and West Bengal.
• Protection Against Internal Disturbance: Article 355 also empowers the Union to act when there is a breakdown of law and order within a State that threatens constitutional governance. Internal disturbances may include insurgencies, violent movements, or civil unrest. Examples include interventions in Punjab during the militancy period (1980s-90s) and Assam during the ULFA insurgency.
• Ensuring Constitutional Governance: Beyond security, Article 355 obliges the Union to ensure that States are governed according to the Constitution. This provision forms the basis for the imposition of President’s Rule under Article 356, where the Union steps in when a State government cannot function constitutionally.

Article 355 of the Indian Constitution Purpose 

Dr. Ambedkar explained that India’s Constitution is federal, meaning States have authority within their own areas and the power to maintain peace, order, and good governance. However, the Union has the ability to step in under certain circumstances, like under Article 356. To ensure this power isn’t misused, Article 355 was included. It makes it a constitutional duty for the Union to act responsibly when intervening in a State, so that any action is legal and not arbitrary. That’s why Article 355 is placed in Part XVIII, which deals with Emergency Provisions.

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Article 355 of the Indian Constitution Significance 

• Strengthens Federalism: It balances State autonomy with the Union’s responsibility to maintain unity.
• Maintains Law and Order: Provides a constitutional mechanism to address internal disturbances that threaten governance.
• Safeguards National Security: Ensures coordinated defense against external threats.
• Preventive and Remedial: Serves both as a deterrent and as a corrective measure in exceptional situations.

Judgements Related to Article 355 of the Indian Constitution 

The Supreme Court has upheld Article 355 as a constitutional obligation of the Union. 

• In S.R. Bommai v. Union of India (1994), the Court clarified that the Union must ensure that a State government functions in accordance with the Constitution before invoking Article 356.
• Naga People’s Movement of Human Rights v. Union of India (1998): The Armed Forces (Special Powers) Act (AFSPA) was upheld, as deployment of forces in disturbed areas was justified under Article 355 to prevent escalation to emergency situations.
• Sarbananda Sonowal v. Union of India (2005): Illegal migration in Assam amounted to internal disturbance. The Court held that Union measures, including legislative action, are constitutionally mandated under Article 355 to protect the State.