Article 355 of the Indian Constitution: Duty of the Union to Protect States against External Aggression and Internal Disturbance

12/21/20233 min read

person holding white samsung android smartphone
person holding white samsung android smartphone

Introduction

The Indian Constitution is a comprehensive document that lays down the framework for the governance of the country. It not only defines the powers and responsibilities of the various branches of government but also outlines the rights and duties of the citizens. One such crucial provision is Article 355, which addresses the duty of the Union to protect states against external aggression and internal disturbance. This article plays a vital role in maintaining the integrity and security of the nation.

Understanding Article 355

Article 355 states, "It shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the government of every State is carried on in accordance with the provisions of this Constitution." This provision places the responsibility on the Union government to safeguard the interests of the states and ensure their smooth functioning.

External Aggression

External aggression refers to any act of aggression or attack on the territory of India by a foreign power or an external force. It could be in the form of armed invasion, cross-border terrorism, or any other hostile action. The Union government, through its defense forces, is entrusted with the task of defending the country against such external threats. Article 355 emphasizes the duty of the Union to protect each state from any external aggression and to maintain the sovereignty and territorial integrity of the nation.

Internal Disturbance

Internal disturbance refers to any situation within a state that disrupts the normal functioning of the government or threatens the law and order situation. It could include riots, communal tensions, insurgency, or any other form of civil unrest. The Union government is responsible for ensuring that the government of every state is carried out smoothly and in accordance with the provisions of the Constitution. In case of any internal disturbance, the Union government can intervene to restore law and order and protect the interests of the state.

Role of the Union Government

Article 355 highlights the role of the Union government in protecting the states against external aggression and internal disturbance. The Union government has the authority to deploy the armed forces or other security forces to deal with any threat to the country's security. It can also provide assistance and guidance to the state governments in maintaining law and order and resolving any internal conflicts. The Union government acts as a guardian and ensures that the states are not left vulnerable to external threats or internal turmoil.

Cooperation between the Union and States

Article 355 also emphasizes the need for cooperation between the Union and the states in matters of security and governance. It recognizes that the protection of states against external aggression and internal disturbance is a shared responsibility. The Union government works in coordination with the state governments to address any security challenges and maintain peace and stability in the country. This collaboration ensures a harmonious relationship between the center and the states, fostering a sense of unity and collective security.

Challenges and Controversies

While Article 355 provides a framework for the Union government to protect the states, it has also been a subject of debate and controversy. Some argue that the provision grants excessive power to the Union government, potentially infringing upon the autonomy of the states. They contend that the central government may misuse this provision to interfere in the affairs of the states for political reasons. However, others argue that Article 355 is essential to maintain national security and prevent any threat to the integrity of the country.

Conclusion

Article 355 of the Indian Constitution highlights the duty of the Union government to protect states against external aggression and internal disturbance. It underscores the importance of maintaining the sovereignty and territorial integrity of the nation. The provision recognizes the shared responsibility of the Union and the states in ensuring the security and well-being of the country. While there may be debates and controversies surrounding this provision, its primary objective remains the protection of the nation and the welfare of its citizens.