Duty of the Union to protect states

Also called: Article 355 · Topic: Emergency Provisions and President's Rule · NCERT: Beyond NCERT

Meaning

Article 355 makes it the duty of the Union to protect every state against external aggression (an attack from outside India) and internal disturbance (serious disorder inside, such as riots or armed revolt). It also makes the Union responsible for ensuring that every state's government is carried on in accordance with the provisions of this Constitution [1].

It matters because it is both a duty and a power. It lets the Union act in a state in smaller steps, such as advisories, central teams or forces. It does not have to jump straight to President's rule (when the Union takes over a state's government for a time, under Article 356).

Explanation

What the article requires

• Duty 1: protect the state. The Union must protect every state from:
• external aggression, meaning an attack or invasion from outside India;

• internal disturbance, meaning serious disorder inside the country [1].

• Duty 2: make sure the state follows the Constitution. The Union must ensure that every state government runs according to the Constitution [1].

• Where it sits: Art. 355 is in Part XVIII (Emergency Provisions). It comes after the national emergency article (Art. 352) and before President's rule (Art. 356) [1].
• Why its position matters: Art. 355 is the step before Art. 356. The Union first protects the state. It takes over the state's government only when government under the Constitution breaks down.

A duty that is also a power: the graded response

• A duty: the Union must act when a state faces external aggression or internal disturbance.
• A power: the same duty allows Union action that stops short of Art. 356. This is called a graded, or step-by-step, response:

Step	Tool	What happens to the state government
1	Advisories from the Ministry of Home Affairs	State stays fully in charge
2	Central teams sent to study the situation	State stays in charge, and the Union watches closely
3	Armed forces or central forces deployed "in aid of the civil power" (to help the state's police and officials)	State government continues, but Union forces are on the ground
4	Art. 356 President's rule (last resort)	State government is dismissed, and the assembly is suspended or dissolved

• Legal basis for sending forces:
• Union List, Entry 2A (Seventh Schedule) covers deploying any armed force or other force of the Union in a state in aid of the civil power. It also covers the powers and liabilities of those forces. The 42nd Amendment (1976) inserted it [7].
• The 42nd Amendment also inserted Art. 257A. It let the Union send forces to deal with serious law-and-order problems in a state. Those forces took orders from the Union, not from the state [2].
• Art. 257A came into force on 3 January 1977. The 44th Amendment (1978) omitted it with effect from 20 June 1979 [2]. Entry 2A is still in the Union List.

Limits and debates

• "Internal disturbance" survives only in Art. 355.
• The 1975 Emergency was declared on the ground of "internal disturbance".
• So the 44th Amendment (1978) replaced "internal disturbance" with "armed rebellion" in Art. 352.

• Art. 355 was not changed. The wider phrase still describes the Union's duty, but it can no longer be used to declare a national emergency.

• Fear of misuse in the Constituent Assembly:

• One member said "internal disturbance" was too vague. The member proposed the narrower words "internal insurrection or chaos", so that the Union could not interfere for any reason it liked [1].

• The Assembly rejected this amendment [1].

• Not a takeover: sending forces under Art. 355 does not remove the state government. The civil government keeps working alongside the forces.

• Consulting the state: the Sarkaria Commission (1988) accepted that the Union may send forces without a request from the state. It advised the Union to consult the state first wherever possible [1].

In the Constitution and practice

• Origin: draft Art. 277A
• Draft Art. 277A was not in the Draft Constitution of 1948. Ambedkar, Chairman of the Drafting Committee, moved it on 3 August 1949 [1].
• Purpose: if the Centre steps into a state's area, that step should rest on a duty written in the Constitution. It should not be "arbitrary or wanton" [1].

• The Assembly adopted it unchanged on 4 August 1949 [1].

• Sarkaria Commission (1988): Chapter XVIII, on emergency provisions, reviewed these powers [1].

• Punchhi Commission (Commission on Centre-State Relations, set up in 2005):
• One of its terms of reference was whether supporting legislation under Art. 355 was possible for suo motu deployment of central forces [6].

• Suo motu deployment means the Union sends forces on its own decision, without a state's request.

• Naga People's Movement of Human Rights v. Union of India (1998):

• A Constitution Bench upheld the Armed Forces (Special Powers) Act, 1958 (AFSPA).
• It relied on Parliament's power under Entry 2A and the Union's duty under Art. 355.

• It also held that deploying forces does not take over the state government. The civil government keeps working.

• Sarbananda Sonowal v. Union of India (2005):

• The Supreme Court struck down the IMDT Act, 1983.
• It held that large-scale illegal migration into Assam was "external aggression" and "internal disturbance".

• The Act made it very hard to detect and deport illegal migrants. So the Union had failed its Art. 355 duty.

• What the courts have said: Art. 355 is an active duty. It can support Union laws and Union action. Courts can also use it to judge whether the Union has done enough.

• Manipur (2023–25):
• From May 2023: ethnic violence broke out. The Union first used steps short of Art. 356, such as large deployments of central forces and security reviews. The state government stayed in office.
• 13 February 2025: most members said they could not form a government. The President then issued a proclamation under Art. 356(1) [4][5].
• Both Houses passed statutory resolutions approving it [4][5]. Ajay Kumar Bhalla, a former Union Home Secretary, was appointed Governor [5].

• Parliament approved a further six months from 13 August 2025 under Art. 356(4) [5]. Check the current status for the period after February 2026.

• Post-poll violence: after elections in some states, opposition parties have demanded action under Art. 355. Such demands usually lead to advisories or central teams, not to Art. 356.

Don't confuse with

• Art. 356 (President's rule): Art. 355 lets the Union act while the state government stays in office. Art. 356 removes the state government. Art. 355 is the step before Art. 356.
• Art. 352 (National Emergency): since the 44th Amendment (1978), Art. 352 needs "armed rebellion". Art. 355 still uses the wider phrase "internal disturbance".
• Art. 365 (failure to follow Union directions): Art. 365 is in Part XIX, not Part XVIII [3]. If a state fails to follow lawful Union directions, for example under Arts. 256, 257 or 353, the President may hold that the state cannot be run under the Constitution. This opens the way to Art. 356. Art. 355 is a duty to protect the state, not a penalty for disobeying the Union.
• Art. 257A vs Entry 2A: both came from the 42nd Amendment (1976). The 44th Amendment omitted Art. 257A [2]. Entry 2A survives and still allows forces to be sent in aid of the civil power.

Prelims Hooks

• Art. 355: the Union must protect states against external aggression and internal disturbance and ensure government according to the Constitution. "Internal disturbance" was removed from Art. 352 by the 44th Amendment (1978) but remains in Art. 355.
• Art. 355 began as draft Art. 277A. Ambedkar moved it on 3 August 1949, and it was adopted unchanged on 4 August 1949 [1].
• Trap: Union List Entry 2A (42nd Amendment, 1976) still exists. Art. 257A (also 42nd Amendment) was omitted by the 44th Amendment (1978) [2].
• NPMHR (1998): upheld AFSPA, 1958, relying on Art. 355 and Entry 2A.
• Sarbananda Sonowal (2005): struck down the IMDT Act, 1983, and called illegal migration into Assam "external aggression".
• Manipur: President's rule under Art. 356(1) began on 13 February 2025 and was extended from 13 August 2025 under Art. 356(4) [4][5].

Mains Points

• Shield or sword?
• Shield: Art. 355 lets the Union respond in steps (advisories, then central teams, then forces). This avoids going straight to Art. 356, which fits the federal spirit of S.R. Bommai (1994).

• Sword: critics say the vague phrase "internal disturbance", which the Constituent Assembly refused to narrow [1], lets the Union step into police and public order. These are State List subjects.

• Sending forces without the state's consent:

• Entry 2A and Sarkaria's view give the Union legal power to send forces on its own.

• Sarkaria's advice to consult the state, and the Punchhi Commission's study of a supporting law under Art. 355 [6], show the need for clear rules. Such rules would reduce friction between the Centre and the states.

• Manipur (2023–25) as a test: violence went on for a long time before Art. 356 was used. Did the Union act in time, as Sarbananda Sonowal (2005) says Art. 355 requires? Or was its restraint the right federal choice? A good answer argues both sides and suggests time-bound, open reviews of central action.

Related concepts

• Failure to comply with Union directions

Read more

• The Union's duty and directions: Arts. 355 and 365