Article 355 of the Constitution of India mandates the Union's responsibility to protect states against external aggression and internal disturbances. It's a crucial provision concerning the nation's security and the relationship between the Union and the States.
Provisions of Article 355
The article explicitly 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.
This duty encompasses:
- Protection against external aggression: The Union is obligated to defend the states from any external threats, be it military invasion or other forms of aggression.
- Protection against internal disturbance: This covers a wide range of situations including civil unrest, communal violence, insurgency, and natural calamities that threaten the stability of a state.
- Ensuring constitutional governance: The Union must guarantee that the state governments function within the framework of the Constitution. This implies intervention if a state government fails to uphold constitutional principles or violates fundamental rights.
Historical Context and Applications
Article 355 has been invoked several times in Indian history, often in conjunction with the proclamation of emergency under Article 352. Instances include interventions in specific states to address internal security challenges. While detailed accounts of specific invocations require further research, the principle of the Union's responsibility remains central to the maintenance of national integrity and stability.
Relationship with Other Articles
Article 355 is closely intertwined with other provisions, notably Article 352 (Emergency Proclamation), Article 356 (President's Rule), and Article 365 (Failure of a State to Comply with Union Directives). These articles collectively define the mechanisms through which the Union ensures the sovereignty and integrity of India and the proper functioning of its constituent states.
Analysis and Interpretation
The interpretation of Article 355 often involves a delicate balance between the Union's authority and the states' autonomy. The Supreme Court's rulings have been crucial in defining the scope of this article. It's important to note that the power under this article should be exercised judiciously and proportionally to address the threat without infringing upon the federal character of the Indian polity. Further detailed analysis of relevant Supreme Court judgments would provide a clearer understanding.
Disclaimer: This information is for educational purposes only and should not be considered legal advice. For precise legal interpretations, consult with a legal professional.
