Why in the News?

A recent petition in the Supreme Court has sought the invocation of Article 355 in West Bengal by deploying central armed forces, citing violence in Murshidabad.

What is Article 355?

• Article 355 mandates that the Union Government has the duty to protect every state against external aggression and internal disturbances and ensure that the state governments function in accordance with the Constitution.
• It places responsibilities on the Union Government to maintain constitutional governance in all states.
• It is often used alongside Article 356 to declare President’s Rule in a state.
• It does NOT grant separate powers; instead, it operates in conjunction with Article 356 and Article 357.
• Initially introduced as Article 277A in the Draft Constitution (1949), it clarified the Union’s role in intervening in state matters during exceptional circumstances.
• Dr. B.R. Ambedkar emphasised that such intervention should not be arbitrary but based on constitutional obligations.

• Judicial Interpretations:

1. 1. H.S. Jain v. Union of India (1996): The Supreme Court held that the Union is obligated under Article 355 to ensure state governments operate in line with the Constitution, quashing a state emergency declared under Article 356.
   2. S.R. Bommai v. Union of India (1994): The Court ruled that President’s Rule under Article 356 should be used sparingly and only when Union intervention is justified.
   3. Sarbananda Sonowal v. Union of India (2005): The Court upheld Union intervention under Article 355 due to illegal migration but cautioned against its use without substantial evidence.

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