ARTICLE 355

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Picture Courtesy:  HINDUSTAN TIMES

Context:

The Supreme Court addressed a plea seeking Article 355 enforcement in West Bengal following violent protests in Murshidabad over the Waqf Amendment Act.​  

Background

In Murshidabad, a district in West Bengal, protesters were opposing the Waqf (Amendment) Act, a new law that changes how Waqf properties (Islamic charitable endowments) are managed. The protests turned violent, Shops and houses were vandalized, and hundreds of people fled their homes for safety.

Two petitioners filed a plea in the Supreme Court. They demand action because they believe the West Bengal government cannot maintain law and order. Specifically, they ask for:

• Article 355: This constitutional provision requires the central government to protect states from “external aggression and internal disturbance.” The petitioners want the Supreme Court to order the Centre to ask the West Bengal governor for a report on the state’s law-and-order situation.
• President’s Rule: Under Article 356, the Centre can take over a state’s administration if the state government fails to function constitutionally. The petitioners argue that the violence shows such a failure.
• Other Requests: They also want a three-member committee, led by a retired Supreme Court judge, to investigate the violence, they seek deployment of central forces to restore peace.

The Supreme Court agreed to hear the plea. However, the court hesitated to issue direct orders, like forcing the Centre to invoke Article 355, because it might seem like judicial overreach.

About Article 355?

Article 355 outlines the Union government’s responsibility to protect states in India.  

Article 355 assigns three clear tasks to the Union government:

Protects States from External Aggression: If a foreign country attacks a state (e.g., a pakistan military strike on Punjab), the Centre deploys the Indian Army or coordinates with allies to defend the state. This ensures no state faces an external threat alone.

Shields Against Internal Disturbance: When chaos erupts within a state—like communal riots, large-scale protests, or violence that the state government can’t control—the Centre intervenes. For example, in 2023, the Centre invoked Article 355 in Manipur, deploying Border Security Force units to curb violence after ethnic clashes killed several people.

Ensures Constitutional Governance: The Centre monitors state governments to confirm they follow the Constitution. If a state government acts against constitutional principles (e.g., failing to maintain law and order or protect minorities), the Centre can step in to restore order.

How Does Article 355 Work in Practice?

The President of India invokes Article 355 based on specific triggers, such as:

• A state’s failure to follow the Centre’s directions under the Constitution.mc
• 3A threat to India’s security due to external or internal issues.
• Violent activities endangering India’s unity, like terrorism or large-scale riots.
• A state’s inability to maintain public order, especially during communal violence.
• A state government’s failure to protect minorities or uphold constitutional machinery.

When invoked, the Centre takes actions like deploying central forces (e.g., CRPF or BSF), taking over law and order, or providing resources to stabilize the situation. 

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Source: 

HINDUSTAN TIMES