CURRENT AFFAIRS
CURRENT AFFAIRS
Description
Article 355 of the Indian Constitution obligates the Union government to safeguard every state against external threats and internal unrest. This provision is a part of the emergency framework detailed in Part XVIII (Articles 352 to 360). Recently, the Supreme Court of India considered a petition urging the application of Article 355 in West Bengal, following violent protests related to the Waqf Amendment Act. The case highlighted the delicate interplay between the judiciary’s advisory role and the executive’s constitutional powers, especially concerning Articles 355 and 356 in present-day governance.
Objective Of Article 355
The essence of Article 355 lies in ensuring that every state government functions according to the Constitution. It authorizes the central government to take appropriate steps when a state’s administrative machinery is under strain. This provision serves as a constitutional safeguard to uphold the unity and integrity of the nation.
Connection Between Article 355 And 356
Article 355 often acts as a precursor to Article 356, which enables the President of India to take direct control of a state’s governance during a constitutional breakdown commonly known as President’s Rule. The decision to invoke Article 356 typically stems from the Union’s assessment under Article 355 that a state is failing in its constitutional duties.
Conditions For President’s Rule
There are two primary conditions under which President’s Rule may be enforced:
If the President concludes that a state cannot be governed as per constitutional norms.
If a state defies the Union’s directions, as per Article 365.
These conditions ensure timely intervention during administrative or constitutional crises at the state level.
Legislative Oversight And Timeframe
Any imposition of President’s Rule must be approved by both the Lok Sabha and Rajya Sabha within two months of the proclamation. Once sanctioned, it remains valid for six months, with provisions for further extensions, provided the Parliament agrees. This ensures that emergency powers are exercised with parliamentary accountability.
Implications Of President Rule
During President’s Rule, the President assumes key executive functions of the state government. This includes the power to legislate for the state and to suspend certain constitutional functions of state bodies. This centralized authority is intended to restore normalcy and governance efficiency.
Scope For Judicial Review
Initially, through the 38th Constitutional Amendment (1975), the President’s decision to impose President’s Rule was declared final and immune from judicial scrutiny. However, this provision was reversed by the 44th Amendment (1978), re-establishing the Supreme Court's authority to review such decisions. This amendment reinforced constitutional checks and balances, preserving democratic accountability.
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