Article 355 of the Costitution of India with Case law
Here is a comprehensive explanation of Article 355 of the Constitution of India, including its text, meaning, and relevant case law:
🧾 Article 355 – Duty of the Union to Protect States Against External Aggression and Internal Disturbance
🔹 Text of Article 355:
“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.”
đź“Ś Explanation of Article 355
| Feature | Description |
|---|---|
| Nature | Article 355 is a directive provision—a constitutional duty imposed on the Union Government. |
| Purpose | To ensure: |
Security of States from external threats (like war, attacks),
Internal peace within States (like riots, insurgency), and
Constitutional governance within States (no breakdown of rule of law). |
| Source of Power | Often invoked in context with President's Rule (Article 356) or deployment of central forces in a state.
| Not Independent Power | Article 355 does not grant independent power to the Union; it serves as the basis for action under Articles 356 (President’s Rule) and 352 (Emergency).
⚖️ Important Case Laws on Article 355
1. S.R. Bommai v. Union of India, AIR 1994 SC 1918
Issue: Abuse of President's Rule under Article 356.
Held:
Article 355 cannot be used arbitrarily to dismiss a state government.
Internal disturbance must be genuine and substantial.
Judicial review is allowed for actions under Article 356.
Significance: Landmark case in curbing the misuse of Article 355 + 356 combination.
2. Naga People's Movement of Human Rights v. Union of India, AIR 1998 SC 431
Issue: Challenge to deployment of armed forces in disturbed areas under AFSPA.
Held:
Central forces can be deployed under Article 355 read with other laws (like AFSPA) to maintain internal security.
However, such use must be proportionate and necessary.
Relevance: Validated the Union's responsibility under Article 355 during insurgencies.
3. State of Rajasthan v. Union of India, AIR 1977 SC 1361
Issue: Whether the Union can dissolve state assemblies arbitrarily.
Held:
Article 355 does not authorize blanket interference in state affairs.
There must be a real threat to constitutional functioning before Article 356 (using 355 as base) is invoked.
4. Keshavananda Bharati v. State of Kerala, AIR 1973 SC 1461
Although not directly about Article 355, the case discussed federalism as part of the basic structure.
Significance: Reinforced that Article 355 must be used cautiously, respecting the autonomy of States.
🧩 How Article 355 is Used
| Situation | Article 355 Supports |
|---|---|
| External aggression | Military aid to protect a State |
| Internal disturbance | Deployment of central forces (CRPF, Army) |
| Breakdown of governance | Justifies action under Article 356 (President’s Rule) |
| Constitutional safeguard | Ensures rule of law in States |
âś… Summary Table
| Feature | Detail |
|---|---|
| Article | 355 |
| Purpose | Union’s duty to protect States and uphold constitutional governance |
| Scope | Against external aggression, internal disturbance, and constitutional failure |
| Not an Independent Power | Works in conjunction with Articles 352, 356, 365 |
| Key Cases | S.R. Bommai, Naga People's Movement, Rajasthan v. Union |
| Judicial Review | Allowed for misuse or unjustified application |
🔄 Related Articles
| Article | Purpose |
|---|---|
| Article 352 | National Emergency |
| Article 356 | President’s Rule |
| Article 365 | Failure of State to comply with Union directions |
🔍 Key Takeaway
Article 355 establishes the responsibility of the Union to safeguard the constitutional functioning and territorial integrity of the States. However, it is not a license to interfere—its use is limited, conditional, and subject to judicial review to preserve India's federal structure.
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