Part XVIII: Emergency Provisions

Article 355: Duty of the Union to Protect States Against Aggression and Disturbance

Original Article:

"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."

Explanations:

Article 355 enshrines the Union’s responsibility to safeguard the sovereignty and stability of States. This provision reflects India’s federal framework and ensures cooperative governance between the Union and the States.

Clause-by-Clause Explanation:

Duty to Protect Against External Aggression

The Union is obligated to protect States from military invasions, cross-border terrorism, and other forms of external aggression.

Duty to Address Internal Disturbances

The Union intervenes during internal crises like communal riots, insurgencies, or political instability when a State’s governance is compromised.

Ensuring Constitutional Governance

This clause emphasizes the need for every State government to function in alignment with constitutional provisions, maintaining democratic integrity.

Historical Context:

Article 355 reflects India’s historical experiences with regional instability and external threats, highlighting the necessity of Union intervention in safeguarding national and state-level stability.

Real-Life Examples:

• During the Punjab insurgency in the 1980s, the Union took measures under Article 355 to restore peace and stability in the region.
• The Union's intervention during the 1962 Indo-China war ensured protection of border states like Arunachal Pradesh.

References and Related Provisions:

Article 355 is closely linked with Article 356, which enables the Union to impose President’s Rule when a State government fails to function according to the Constitution.