Article 355 of the Constitution

Imagine a State where riots have broken out. Roads are blocked, and the police are stretched thin. Whose job is it to help? The Constitution answers in a single sentence, Article 355. The Union has a duty to protect every State. But there is a catch. The same duty has been used, and sometimes misused, as a step toward taking over a State government. Where does the duty end and the takeover begin?

1What Does Article 355 Say?

• The Article gives the Union two jobs. The first is to protect every State against external aggression and internal disturbance. The second is to make sure the government of every State is run according to the Constitution.
• Take the first job. External aggression means an attack from outside the country. Internal disturbance means serious unrest inside a State, such as large-scale violence.
• Take the second job. The Union must keep an eye on whether State governments follow the Constitution. It is a kind of guardian role.
• Notice the word duty. The Article does not say the Union may help. It says the Union shall protect. It is something the Union owes to the States.
• This is why the Centre can send central forces to help a State in a crisis, without taking over the State government.

2How Is Article 355 Different from Article 356?

• Think of a parent and a child. A parent has a duty to protect the child. That is Article 355. In very rare cases, the parent may have to step in and take charge. That is Article 356.
• Article 355 is a standing duty. It is always there. It needs no proclamation.
• Article 356 is a specific power. The President can use it only when the government of a State cannot be carried on as the Constitution requires.
• Under Article 356, the President can take over the functions of the State government. The powers of the State Legislature are then used by or under Parliament.
• The Assembly is not dissolved automatically. It can be kept in suspended animation.
• There are checks. Parliament must approve the proclamation within two months. It can last at most three years, and only under strict conditions beyond one year. The 44th Amendment added these checks.
• So a disturbance alone does not mean President’s Rule. The Union can first use its duty under Article 355, such as sending forces. Article 356 comes only when the constitutional machinery has broken down.

3What Did Ambedkar Say About the Last Resort?

• Go back to the Constituent Assembly in August 1949. Members were worried. They feared that a Centre could use Article 356 to crush State governments.
• Dr B. R. Ambedkar understood the worry. He said he hoped such powers would never be used, and would remain a dead letter. They would be a matter of last resort.
• He also suggested the Centre should first warn a State before taking drastic action.
• History turned out differently. In the decades after 1950, President’s Rule was used many times, often for political reasons.
• This is the heart of the tension. Article 355 says the Union must protect. Article 356 allows it to take over. The risk is that a duty becomes a reason for a takeover.

4What Happened in the Bommai Case?

• The great test came from Karnataka. In April 1989, the Governor reported that the government of S. R. Bommai had lost its majority. The State was put under President’s Rule without a chance to prove its strength in the Assembly.
• Bommai went to court. Several other cases about President’s Rule were heard along with his, since other States faced similar problems.
• A nine-judge bench of the Supreme Court gave its judgment on 11 March 1994.
• The Court said a proclamation under Article 356 is open to judicial review. Courts can ask whether there was real material to support the President’s satisfaction.
• It also said a government’s majority should be tested on the floor of the Assembly. It should not be judged by the Governor’s own opinion.
• The Court held that Article 356 is an exceptional power. It must be used sparingly. The Bommai judgment is the reason Article 356 is now used much less than before.
• Later, in Rameshwar Prasad (2006), the Court held that dissolving the Bihar Assembly was unconstitutional. The Governor had acted in haste and with an improper motive.

5How Has the Duty Been Used Since?

• Commissions studied the question. The Sarkaria Commission (1988) looked at Centre-State relations. It said the Union can act under Article 355, but should consult the State where possible.
• The Punchhi Commission (2010) went further. It suggested a “localised emergency.” The Union could act in one troubled district or area for a short period, without removing the whole State government.
• Look at Manipur in recent years. In 2023, there was serious ethnic violence. Central forces were deployed to help the State.
• Later, on 13 February 2025, President’s Rule was imposed in Manipur under Article 356 after the Chief Minister resigned and the Governor reported a breakdown.
• These two steps show the difference. Sending help is part of the duty in Article 355. Taking over the State is Article 356.

6What Should You Remember for Exams?

Must Know

• Article 355 is the Union’s duty to protect States from external aggression and internal disturbance.
• It also ensures constitutional government in States.
• Article 356 is the remedy.

Good to Know

• Under Article 356, the State Legislature’s powers pass to Parliament.
• The Assembly is not automatically dissolved.
• Bommai (1994) made proclamations open to court review.

Great to Know

• Article 355 does not itself allow dismissal of a State government (Trap).
• Ambedkar called Article 356 a last resort, not Article 355 (Trap).
• Bommai was about Karnataka (Trap).

7How Has This Been Asked in Exams?