The comprehensive legal document known as the Indian Constitution establishes the basic principles of Indian governance. Article 355 is a noteworthy provision that emphasises the Union’s obligation to safeguard states from external aggression and internal disturbances. This article explores the fundamentals of Article 355 of Indian Constitution; its implications; and its significance in preserving the integrity and unity of the nation.
Historical Background of Article 355 of Indian Constitution
In the Draft Constitution, Article 277A was the original form of Article 355 of the Indian Constitution. In 1948, there was no mention of Article 277A in the draft constitution. It was presented via an amendment.
Article 277A was introduced to the Indian Constitution Drafting Committee by its chairman, Dr. Bhim Rao Ambedkar, during the ongoing deliberations and debates over the draft constitution. The main goal of this article’s introduction on September 3, 1949, was to make clear the center’s intervention in state affairs. Such intervention must be limited to extraordinary situations, such as emergencies; it cannot be taken arbitrarily; rather, it must result from a constitutional duty placed on the union. According to the Draft Article, the Union had to protect the states from both internal unrest and external aggression while also making sure the states followed the Constitution.
During the discussion of Article 277A, a participant in the assembly made the following observation: The phrase “internal disturbance” exhibits imprecision. A phrase that conveys specificity, like “internal insurrection or chaos,” should take its place. The constitution’s requirement for specificity will aid in preventing the union from interfering arbitrarily and unreasonably in state affairs.
A different member of the drafting committee emphasized the conjunction’s more sophisticated application. “Internal disturbance and external aggression” are the terms used in the draft article. But the members proposed using “or” in place of “and.” It will serve as a safety net and guarantee that the right actions are taken if either circumstance occurs. Many members who supported Article 277A suggested that these powers be granted in circumstances other than emergencies.
Following a thorough discussion and multiple debates, the draft’s suggestions and recommendations were rejected. On August 4, 1949, however, the constituent assembly approved the actual draft article.
Article 355 of the Indian Constitution – The Clause
According to Article 355 of the Indian Constitution, the Union government is obligated to protect each state from both internal and external threats, including civil unrest and rebellion, as well as military attacks from other nations. It makes it abundantly evident that the Union government is responsible for ensuring that the governments of all the states carry out their constitutionally mandated duties. This entails ensuring that the states respect federalist ideals and that citizens’ rights and liberties are protected.
This clause, which grants the federal government the authority to interfere in a state’s internal affairs under specific conditions to uphold peace and order and guarantee the protection of citizens’ constitutional rights, is an essential component of the Constitution because it ensures the unity and integrity of the country.
Additional Powers to the Union Under Article 355
Financial Support To The States:
The Indian Parliament can give money to states it thinks need it, according to Article 275 of the Indian Constitution. Article 355 of the Indian Constitution is consistent with the authority granted to the Union under Article 275.
The parliament has the final say over whether or not financial aid is granted. The parliament has the authority to offer financial support if, after evaluating the state of a particular state, it so desires. The legislature has the authority to allocate funds in a manner that is suitable for the circumstances.
Power to Pass Laws On The Matters Mentioned In The State List:
According to the Indian Constitution, the Union government may enact laws on any subject included in the State List of the 7th Schedule if it thinks doing so would be in the best interests of the country. For example, it can enact laws under Article 249 of the Indian Constitution to support the maintenance of states’ right to proper governance when faced with financial difficulties.
The Parliament of India has the power to enact laws for the entire country or any region about any issue on the State List under Article 249 of the Indian Constitution. Only if such legislation receives the support of at least two-thirds of the present and voting members of the Council of States, as well as an affirmation from the Council of States that passing laws on that subject is essential for the national interest, will it be deemed valid.
Furthermore, when reading Article 249 in conjunction with Article 251 of the Indian Constitution, it is stated that the Union law will take precedence to the extent of any contradiction or repugnancy between legislation passed by a State Assembly and legislation passed by the Parliament under Article 249 of the Indian Constitution.
Power to Enforce Laws For Defence And Armed Forces:
As stated in Entry 2A of the Union List of the 7th Schedule, the federal government has the power to enact laws governing the stationing and upkeep of armed forces in a state to support the civil authority. States are empowered to enact laws about public order and law enforcement, even though Entries 1 and 2 of the State List are subject to Union List Entry 2A.
Legislation passed under these entries, according to several commissions, including the National Commission to Review the Working of the Constitution, can fulfill the Union’s obligation under Article 355 of the Indian Constitution to protect the states against foreign invasion or internal disturbance.
The Central Reserve Police Force Act of 1949 and the Border Security Force Act of 1968, for instance, allow the Union government to intervene in state territory to carry out its duties under Article 355 of the Indian Constitution.
Conclusion
A crucial clause in the Indian Constitution, Article 355 of Indian Constitution requires the Union to defend the states from outside aggression and internal unrest to maintain the country’s security and integrity. Its historical development highlights the significance of maintaining India’s constitutional order and federal structure by striking a balance between state autonomy and federal intervention.
