Center’s Responsibility and Internal Disturbance within States

Article 355 – Duty of the Union to protect States against external aggression and internal disturbance.

1. The framers of constitution felt that, in an emergency, the centre should have overriding powers to control and direct all aspects of administration and legislation throughout the country.
2. The constitution envisages three types of emergencies:-
   1. Emergency arising from threat to the security of India.
   2. Break down of constitutional Machinery in a state.
   3. Financial Emergency.
3. Proclamation of emergency is serious matter as it disturbs the normal fabric of the constitution and adversely affects the rights of the people.
4. Art. 355 deals responsibility when there is internal disturbance within the state.
5. Article 355 duty on the Center:
   1. To protect every state against external aggression and internal disturbance.
   2. To ensure that the government of every state is carried on in accordance with the provisions of the constitution.
6. found in other federal constitutions that are in American and Australian Constitution.
7. But in America and Australian the centre acts only when the request made by states.
8. no such pre-condition under Art. 355. The center can thus interfere even armed without state’s request.
9. Article 356 – Provisions in case of failure of constitutional machinery in States.
10. Center can take over the government of state under Art. 356 of the constitution on the ground of failure of constitutional Machinery in that state.
11. The word ‘aggression’ is not limited to only war.
12. a vast and incessant flow of millions of human beings forced to flee in to another state could constitute aggression under Art. 355.
13. Article 355 uses the term “Internal disturbance” while Art.352 uses term “armed rebellion”.
14. The term “armed rebellion” is narrower in scope than “internal disturbance” which is very wider.
15. a mere “internal disturbance” short of armed rebellion cannot justify a proclamation. Under Art. 352.
16. ‘internal disturbance’ does not justify a proclamation under Art 356 unless it results in the constitutional breakdown in the state.
17. center can intervene only in case of aggravated from of disturbance, Suo-motto or at the request of concerned State Government.
18. 42nd amendment was made in the constitution and Art. 257A was inserted by which center is made enabled to do deploy any such Central Reserve Police Force without the concurrence of the concerned state government.
19. central government has powers to ‘supervise’ and even to supersede in certain circumstances a state government temporarily to restore normally or to inject honesty and integrity into the state administration.
20. under Art. 355 center is under obligation to appoint commission of enquiry to ensure that state governments are carried on in accordance with the constitutional provisions.