Article 355

Article 355 of the Constitution says that the Union (the Central Government) has a duty to protect every state against external aggression and internal disturbance. It also says the Union must make sure that every state government is run according to the Constitution. You can think of it as a promise from the Centre to every state: "If you face a serious threat, we will help you, and we will also make sure you are governed properly."

Why does it exist?

India is a union of states. Most day-to-day law and order ("public order" and "police") is a state subject. But some threats are too big for a state to handle alone, like an attack from outside or a large armed uprising. If each state had to face these alone, a weak state could collapse. Article 355 makes the Centre responsible for stepping in. It also acts as a check: the Centre must make sure no state government works against the Constitution.

Where is it in the Constitution?

Article 355 is in Part XVIII of the Constitution, which deals with Emergency Provisions (Articles 352 to 360). The makers of the Constitution placed it just before Article 356 (President's Rule). In the Constituent Assembly, Dr. B.R. Ambedkar explained that Article 355 was the reason why the Centre could, in the right case, intervene in a state. Without this duty, any central action inside a state could look like interference.

How does it work in practice?

Article 355 does not itself spell out what the Centre must do. So the Centre uses many tools to fulfil this duty:

• Sending central forces: The Centre can deploy the Army or Central Armed Police Forces (like the CRPF or Assam Rifles) in a state. Entry 2A of the Union List, added by the 42nd Amendment (1976), gives the Centre power over deploying its forces in any state "in aid of the civil power".
• Laws like AFSPA: Special laws give these forces the powers they need in disturbed areas.
• Advisories and directions: The Centre can send advice or give directions to a state (Articles 256 and 257).
• Last step, President's Rule: If the state government cannot be carried on as per the Constitution, the President can take over the state under Article 356.

A simple comparison: think of a school principal (the Centre) and class monitors (the states). Each monitor keeps order in their own class. If a big fight breaks out that a monitor cannot handle, the principal must step in. Only if the monitor completely fails may the principal take over the class directly. Article 355 is the principal's duty to help. Article 356 is taking over the class.

What did the courts say?

• S.R. Bommai v. Union of India (1994): The Supreme Court said President's Rule under Article 356 must be used only in rare cases and can be reviewed by courts. This pushes the Centre to first use milder steps under Article 355.
• Naga People's Movement of Human Rights v. Union of India (1997): The Court linked the deployment of armed forces under AFSPA with the Union's duty to protect states.
• Sarbananda Sonowal v. Union of India (2005): The Court struck down the Illegal Migrants (Determination by Tribunals) Act, 1983. It held that large-scale illegal migration into Assam amounted to "external aggression and internal disturbance", so the Centre had a duty under Article 355 to act. A Constitution Bench reaffirmed this view in 2024 in the case on Section 6A of the Citizenship Act.

What did commissions say?

• Sarkaria Commission (1983–88): It said Article 355 gives the Centre not just a duty but also the power to act to protect a state. It advised that Article 356 be used only as a last resort.
• Punchhi Commission (2007–10): It suggested "localised emergency" provisions. This means the Centre could take charge of the law and order of a small area, like a district, for a limited period, instead of imposing President's Rule on a whole state.

Commonly confused concepts

• Article 355 vs Article 356: Article 355 is a duty of the Union to protect and guide states. Article 356 is the power to impose President's Rule when the state's constitutional machinery fails. Article 355 does not remove the state government; Article 356 does.
• Article 355 vs Article 352 (National Emergency): Article 355 still uses the words "internal disturbance". Article 352 originally also said "internal disturbance", but the 44th Amendment (1978) replaced it with "armed rebellion". So a National Emergency now needs war, external aggression or armed rebellion, while Article 355 covers a wider range of internal trouble.
• Article 355 vs Article 365: Under Article 365, if a state fails to follow the Centre's directions, the President may treat it as a failure of the constitutional machinery, which can lead to Article 356.
• "Public order" (State List) vs "deployment of forces" (Union List): Public order and police are state subjects (State List, Entries 1 and 2). But deploying the Union's armed forces in a state is a Union subject (Union List, Entry 2A). This is how the Centre can send forces even though law and order belongs to the state.

Issues, criticism and the way forward

• Federalism worries: Some states feel the Centre can use Article 355 to send forces or declare disturbed areas without their consent. They see it as a threat to their autonomy.
• Vague words: The Constitution does not define "internal disturbance". This leaves wide room for different views on when the Centre should act.
• Delay in action: Others argue the opposite problem: the Centre sometimes acts too late in serious violence, leaving people unprotected.
• Way forward: Commissions have suggested using Article 355 through consultation with states, using the least drastic step first, making clear guidelines on when central forces are sent, and strengthening forums like the Inter-State Council for Centre-State dialogue.

Concepts to Know

• External aggression: An attack or serious threat from outside the country.
• Internal disturbance: Serious trouble inside the country, such as large-scale riots or armed violence, that threatens peace and order.
• President's Rule: When the Centre takes over the running of a state because its government cannot work as per the Constitution. The state is then run through the Governor.
• Union List / State List: Lists in the Seventh Schedule of the Constitution. Parliament makes laws on Union List subjects; state legislatures make laws on State List subjects.
• Federalism: A system where power is shared between the Centre and the states.