Article 355 of the Constitution Explained
Article 355 entrusts the duty upon Union to protect the states against “external aggression” and “internal disturbance” to ensure that the government of every State is carried on in accordance with the provisions of Constitution. Over the period, this article has gained a different texture. There are several angles to the second part of this duty – to ensure that Government of every State is carried on in accordance with the provisions of Constitution. First is the law & order angle. We know that the “public order” and “police” are state subject and states have exclusive power to legislate on these matters. These subjects were entrusted to states because states would be in better position to handle any law and order problem. Management of Police by states was also seen as administratively convenient and efficient. However, there might be some circumstances where states are unable to maintain public order and protect people. In such situation, centre can invoke article 355 and take measures such as taking law and order of state under its own hand, deployment of military etc. This article thus comes handy when there are communal violence incidents.
Second angle is alleged justification of emergency. Although this article has been seldom used; it is seen as an instrument to justify imposition of emergency under articles 352 and 356. Here, we need to pay attention to two words viz. “internal disturbance” and “armed rebellion”. While article 352 empowers the centre to impose emergency when an armed rebellion occurs, such proclamation cannot be for internal disturbance – thus said SC in SR Bommai Case. So, Supreme Court interpretation was that article 355 itself does not give power to centre to impose emergency because mere internal disturbance short of armed rebellion cannot justify a proclamation of emergency under Art. 352 nor can such disturbance justify issuance of proclamation under Art. 356, unless it disables or prevents carrying on of the Government of the State in accordance with the provisions of the Constitution. On the basis of this, the constitutional validity of AFSPA was upheld which allows the centre to send armed forces in disturbed area. Court observed that this law was enacted in order to enable the Union to discharge the obligation imposed on it under Art. 355. Further, Sarkaria Commission also expressed view that article 355 not only imposes duty on the Union but also grants it, by necessary implication, the power of doing all such acts and employing such means as are reasonably necessary for the effective performance of that duty. Thus saying that Article 355 merely justifies action under articles 352 and 356 is not justified. In fact, despite being in Part XVIII {Emergency Provisions}, this article is not seen exactly as an emergency provision. It provides for a broad legal standard which justifies a range of centre’s actions in situations that are not so grave as to warrant emergency measures but are yet of immediate and pressing concern enough as should justify the taking of alternative statutory and constitutional measures {not amounting to emergency action}
