What is Article 355 of indian constitution

 

What is Article 355 of indian constitution

Article 355 of the Indian Constitution

Title: Duty of the Union to protect States against external aggression and internal disturbance

---

🔷 Explanation of Article 355:

Article 355 places a constitutional duty on the Union Government to:

1. Protect every State in India from:

   • External aggression, and

   • Internal disturbance.

2. Ensure that the government of every State is carried on in accordance with the Constitution.

---

✅ Key Provisions:

It shall be the duty of the Union to:

• Protect every State against external aggression and internal disturbance; and

• Ensure that the State government functions constitutionally.

---

🟢 Key Points:

Aspect	Details
Who has the duty?	Union Government (Centre)
Protect States From	🔹 External aggression (e.g., attack by another country) 🔹 Internal disturbance (e.g., riots, rebellion, terrorism)
Ensure What?	That each State government operates constitutionally
Linked With	Basis for invoking Article 356 (President's Rule) or sending central forces
Nature	A directive responsibility, not enforceable by courts, but forms the basis of action by the Union

---

📌 Purpose of Article 355:

• To maintain the unity, security, and constitutional order across the country.

• Acts as a justification for the Centre to intervene in State affairs in extreme situations.

---

📝 Examples of Application:

• Sending armed forces to control large-scale violence or rebellion in a State.

• Imposing President’s Rule in a State if constitutional machinery breaks down (under Article 356), often justified using Article 355.

---

Here is a comparison chart between Article 354 and Article 355 of the Indian Constitution:

---

🗂️ Comparison Chart: Article 354 vs Article 355

Aspect	Article 354	Article 355
Title	Application of revenue distribution provisions during Emergency	Duty of the Union to protect States
Main Focus	Financial powers of the President during a National Emergency	Obligation of the Union to protect States from threats and maintain constitutional governance
Type of Provision	Economic/Financial	Security and constitutional obligation
Who Acts?	President via order	Union Government (Centre)
Applies When?	Only during a National Emergency (Article 352)	Always applicable — not limited to Emergency
What It Does	Allows President to alter distribution of revenues between Centre and States (Articles 268–273)	Makes it the Union's duty to protect States and ensure proper functioning of State governments
Impact Area	Tax revenue and fiscal arrangements	Internal security, external aggression, governance, and constitutional integrity of States
Legal Nature	Temporary financial adjustment during crisis	Foundational duty and justification for central intervention
Example	During war, President may reduce State share of tax to fund defense	In case of violent unrest in a State, Centre can send armed forces or impose President’s Rule

---

📝 Summary:

• 💰 Article 354 = Deals with temporary financial powers during a National Emergency.

• 🛡️ Article 355 = Imposes a permanent duty on the Centre to protect and maintain order in every State.

---