Article 257A of Indian Constitution: Assistance to States by Deployment of Armed Forces or Other Forces of the Union

12/21/20233 min read

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The Indian Constitution is a comprehensive document that outlines the framework for governance in the country. It not only defines the powers and responsibilities of the central government but also provides for the distribution of powers between the center and the states. One such provision is Article 257A, which deals with the assistance that can be provided by the armed forces or other forces of the Union to the states.

Understanding Article 257A

Article 257A of the Indian Constitution states that the President of India has the power to deploy armed forces or other forces of the Union to any state to assist that state in the execution of its laws and maintenance of public order. This provision comes into play when a state faces a situation where its own forces are inadequate to deal with the situation at hand.

The deployment of armed forces or other forces of the Union under Article 257A is subject to the consent of the state government. This means that the central government cannot unilaterally deploy forces without the approval of the state government. The state government has the authority to request assistance from the central government, and it is up to the central government to decide whether to provide such assistance or not.

Instances of Deployment

Over the years, there have been several instances where the armed forces or other forces of the Union have been deployed to assist states under Article 257A. These deployments have been made in various situations such as natural disasters, communal riots, and insurgency. The purpose of such deployments is to restore law and order and ensure the safety and security of the citizens.

For example, in the aftermath of the devastating floods in Kerala in 2018, the armed forces were deployed to provide assistance in rescue and relief operations. Similarly, during communal riots in Gujarat in 2002, the central government deployed paramilitary forces to restore peace and maintain law and order.

Procedure for Deployment

The deployment of armed forces or other forces of the Union under Article 257A follows a specific procedure. When a state government requests assistance from the central government, it must provide detailed information about the situation and the specific areas where assistance is required. The central government then assesses the situation and decides on the extent and nature of the assistance to be provided.

Once the central government approves the deployment, it issues an order specifying the duration of the deployment and the areas where the forces will be deployed. The state government is responsible for providing the necessary logistical support to the deployed forces, such as accommodation, transportation, and communication facilities.

Role and Limitations

The deployment of armed forces or other forces of the Union under Article 257A plays a crucial role in maintaining law and order and ensuring the safety and security of the citizens. The presence of these forces can act as a deterrent and help restore normalcy in situations of unrest or emergency.

However, it is important to note that the deployment of forces under Article 257A is a temporary measure. The primary responsibility for maintaining law and order lies with the state government, and the deployment of forces is meant to assist the state government in fulfilling this responsibility.

Furthermore, the deployment of forces under Article 257A should not be seen as an infringement on the autonomy of the state government. It is a collaborative effort between the central and state governments to address a specific situation where the state government requires assistance.

Conclusion

Article 257A of the Indian Constitution provides a mechanism for the deployment of armed forces or other forces of the Union to assist states in the execution of their laws and maintenance of public order. This provision ensures that the central government can provide timely assistance to states facing challenging situations where their own forces are inadequate.

The deployment of forces under Article 257A is subject to the consent of the state government and follows a specific procedure. While it plays a crucial role in maintaining law and order, it is important to remember that the primary responsibility for the same lies with the state government.

Overall, Article 257A strikes a balance between the powers of the central and state governments, ensuring that the interests of both are protected while working towards the common goal of maintaining peace and security in the country.