What is Article 355 of the Indian Constitution?

The Indian Constitution Article 355 is one of the significant constitutional articles in the Constitution of India, whereby the Union Government takes up responsibility towards the states. 

Article 355 obliges the central government to safeguard every state from foreign aggression, internal disturbances, and constitutional breakdown.

Article 355 of the Constitution of India comes under Part XVIII of the Indian Constitution on Emergencies and Center-State Relations.

Article 355 is important to students because it is a topic often included in competitive exams like UPSC, SSC, IBPS, CDS, CAPF, and other government services exams. 

What is Article 355 of the Indian Constitution?

According to Article 355 of the Indian Constitution, it is the duty of the Union to protect every state against external aggression and internal disturbance, as well as ensure the conduct of the government of every state according to the Constitution.

This article has been placed under Part XVIII of the Indian Constitution, which pertains to emergency provisions. 

However, while Articles 355 does provide for some kind of a constitutional responsibility, it neither imposes an emergency nor President's Rule on its own. 

Rather, it provides a basis upon which any constitutional action may be taken, should it be needed to do so because of some extraordinary circumstances.

Article 355 can be considered a connecting link between federalism and national unity since while states are granted their freedom and powers in most aspects, the Union Government must be ready to step in at times.

Article 355 is an important element of the Indian federal structure.

What is the Purpose of Article 355 of the India Constitution?

Article 355 aims at making the Union Government duty-bound to ensure security and maintenance of Constitutional machinery in the States.

As per the explanation of Dr. B.R. Ambedkar, since India is a federal state, but at times, there could arise a situation where the Centre would have to intervene in the State. 

Thus, Article 355 was included to make sure that the Centre would intervene only due to constitutional duties and not for convenience.

It was understood by the framers of the Constitution that at times States might find themselves faced with problems outside their control. 

External aggression, insurgency, violence, or a failure of constitutional machinery in the state might require a response from the Union. 

Article 355 provides such an opportunity. While preparing for competitive examinations, the difference must be kept in mind between Article 355 and Article 356. Whereas Article 355 imposes a duty, Article 356 provides a mechanism for its fulfillment.

What is the Significance of Article 355?

Thus, Article 355 is important for the following reasons: ensuring national security, upholding the principle of constitutional government, and maintaining the unity of Indian federalism.

1. Article 355 serves as a preventive as well as a remedial measure. The article gives the central government the opportunity to take appropriate steps before a critical situation escalates and leads to a constitutional crisis. Therefore, Article 355 serves the purpose of being a constitutional remedy against lawlessness and disorder.

2. What makes Article 355 important is the fact that it achieves the necessary balance between the autonomy of states on one hand and national responsibility on the other. While states have the power to govern themselves, the central government has the obligation of protecting them when circumstances dictate so.

3. Article 355 also ensures coordinated efforts in times of emergency. When there is an invasion from the outside or internal disturbance, Article 355 provides constitutional backing for the involvement of the union in such situations.

What did B. R. Ambedkar say about Article 355?

Dr. B.R. Ambedkar pointed out that it was incorporated into the Constitution because it ensures that the Union does not have an arbitrary right to intervene in the matters of states. 

He felt that if the Constitution provides the right to intervene without imposing a duty on the Union, then it would be considered an abuse of power.

As per Dr. B.R. Ambedkar, Article 355 makes a duty of the Union Government from a constitutional point of view. 

It means that in case the Union intervenes in any matter of the state, it does not do so by exercising its right, but through its duty.

This interpretation of the provision clearly shows that it was formulated with due consideration to the need for striking a balance between federalism and nationalism. 

While providing adequate autonomy to the states, it was also required to safeguard their interests in whatever way possible.

From the perspective of IAS /UPSC and State PSC examinations, the above interpretation of Article 355 is very crucial since it is often included in question papers.

Can the Union act without imposing President’s Rule under Article 355?

Yes, the Union Government can act based on Article 355 even without implementing Article 356. It is not essential that the implementation of Article 355 would necessitate the imposition of President's Rule through Article 356. 

Measures like the use of central forces, giving advice, extending administrative aid, and legislation can all be taken to bring about normalcy.

Article 356 may be invoked as the very last resort when all other measures have failed to maintain constitutional governance. This point is of tremendous significance from the perspective of examinations.

Many candidates make the mistake of assuming that Article 355 and Article 356 refer to the same thing. While Article 355 is the provision that gives rise to the duty, Article 356 is a provision of the Constitution which may be adopted as and when necessary.

As observed by the Supreme Court time and again, Article 356 must be implemented only when no other option is left.

Article 355 of the Indian Constitution: Related Judgements

Some of the significant Supreme Court judgements on Article 355 have expanded upon its meaning. These examples hold great significance for exams such as UPSC, Judiciary, CLAT, SSC, etc.

The interpretations by the courts have always treated Article 355 as a constitutional duty of the Union of India, and not simply a source of unlimited power. This has been helpful in clarifying the boundaries of Article 355 along with Union intervention within states.

1. S.R. Bommai v. Union of India (1994)

In this judgement, federalism received a boost because the Union has been held to consider whether there is real failure of constitutional machinery before exercising Article 356.

2. Naga People's Movement of Human Rights v. Union of India (1998)

It was held in this case that it is constitutional to deploy the army in disturbed areas and Article 355 actions may be precautionary in preventing matters from arising to an emergency situation.

3. Sarbananda Sonowal v. Union of India (2005)

Illegal migrants in Assam have been dealt with as a matter of internal disturbance in this judgement and the Union’s duties regarding Article 355 have been elaborated upon.

Conclusion

Article 355 of the Constitution of India is an extremely significant article under which the Union Government has a responsibility under the Constitution to ensure the security of states from aggression, internal disturbances, and failure of the constitutional machinery. 

This article helps to promote national unity while keeping federalism intact. For students appearing in competitive examinations, knowledge of Article 355 is very significant.