Actual Article
Article 355: Duty of the Union to protect States against external aggression and internal disturbance
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.
UPSC Notes for Article 355
Explanation:
- Union’s Responsibility: Article 355 mandates the Union Government to protect States from external aggression and internal disturbances.
- Ensuring Constitutional Governance: The Union is also responsible for ensuring that the government of each State functions in accordance with the provisions of the Constitution.
Key Points:
- National Security: Emphasizes the role of the Union in safeguarding the territorial integrity and internal peace of States.
- Constitutional Compliance: Ensures that State governments operate within the constitutional framework, maintaining democratic governance and rule of law.
Important Cases and Commissions Related to Article 355
Cases:
- S.R. Bommai vs. Union of India (1994): The Supreme Court elaborated on the Union’s duty under Article 355 and its implications for invoking President’s Rule under Article 356.
Commissions:
- Sarkaria Commission (1983): Recommended measures for improving Centre-State relations and emphasized the importance of Article 355 in maintaining constitutional governance.
- Punchhi Commission (2010): Suggested guidelines for the use of Article 355 and 356 to prevent misuse and ensure fair implementation.
Important Reports Related to Article 355:
- Sarkaria Commission Report: Detailed the role of Article 355 in Centre-State relations and suggested mechanisms for better coordination.
- Punchhi Commission Report: Provided recommendations for safeguarding against the misuse of Article 355 and ensuring its judicious application.
Previous Year Prelims Questions Related to Article 355
- (UPSC Prelims 2016) Under Article 355 of the Indian Constitution, what is the duty of the Union?
A. To provide financial assistance to States
B. To protect States against external aggression and internal disturbance
C. To dissolve the State Legislature during emergencies
D. To manage the resources of the State Correct Answer: B. To protect States against external aggression and internal disturbance - (UPSC Prelims 2018) What does Article 355 of the Indian Constitution ensure regarding the governance of States?
A. That State governments can function independently
B. That State governments follow the provisions of the Constitution
C. That State governments can implement their own laws
D. That State governments can use their own languages for governance Correct Answer: B. That State governments follow the provisions of the Constitution
Previous Year Mains Questions Related to Article 355
- Mains 2016: “Discuss the significance of Article 355 in maintaining the constitutional order and national security in India. How does this article empower the Union to intervene in State matters?”
- Mains 2019: “Evaluate the role of Article 355 in the context of Centre-State relations in India. How does this provision balance the Union’s duty to protect States with the principles of federalism?”
Additional Insights:
- Safeguarding Federalism: Article 355 is crucial for maintaining the balance between protecting national security and preserving the federal structure of India.
- Intervention Mechanism: Provides a constitutional mechanism for the Union to intervene in State affairs when necessary to protect against external and internal threats and ensure compliance with constitutional provisions.
- Judicial Oversight: The Supreme Court has emphasized the need for judicial oversight to prevent the misuse of Article 355, ensuring that interventions are justified and in the interest of national security and constitutional governance.
Understanding Article 355 is crucial for UPSC aspirants as it provides insights into the constitutional provisions for protecting States against external and internal threats, highlighting the Union’s role in maintaining national security and constitutional governance. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the mechanisms ensuring the protection of States and the maintenance of federal principles within the Indian Constitution.