-
Article 355
- After violence in Manipur, the central government promulgated article 355 in
- Manipur to take the charge of the security of the state.
-
About Article 355
- Background of Article 355
- Initially, Article 355 of the
- Constitution of India was
- introduced as Article 277A in the
- Draft Constitution. Article 277A
- was not a part of the draft
- constitution in 1948. It was
- introduced through an amendment.
- According to Article 277 of draft
- constitution- “It shall be the duty
- of the Union to protect each state
- against external aggression and
- internal disturbances and to ensure
- that the government of each state
- is carried on following the
- constitutional provisions.”
- After a detailed discussion and several debates, the suggestion and
- recommendations related to the draft were rejected. However, the actual draft article
- was approved by the constituent assembly on 4 August 1949.
- Present day scope of Article 355 in Indian Constitution
- It is a part of emergency provisions contained in Part XVIII of the Constitution of
- India, from Article 352 to 360.
- Article 355 of the Indian Constitution is a provision that empowers the Union
- government to protect every state in India against external aggression and internal
- It is based on the principle of “duty to protect” enshrined in the Constitution, which
- makes it mandatory for the Union government to protect every state from external
- and internal threats.
-
Relation between Article 355 TO 356
- It is the duty in which the centre takes over the government of a state under Article
- 356 in case of failure or breakdown of constitutional machinery in a state. This is
- popularly known as ‘President’s Rule’.
- Grounds of imposition: the president’s rule can be proclaimed under Article 356 on
-
Article 355
- two grounds i.e.,
- Article 356 empowers the President to issue a proclamation if he is satisfied
- that a situation has arisen in which the government of a state cannot be carried
- on in accordance with the provisions of the constitution.
- Article 365 says that whenever a state fails to comply with or to give effect to
- any direction from the centre, it will be lawful for the President to hold that a
- 2 [Date]
- situation has arisen in which the government of the state cannot be carried on in
- accordance with the provisions of the constitution.
- Circumstances for Imposition of Article 355
- Failure of the state to comply with the Union’s directions.
- threat to the security of India.
- threat to unity and integrity of India due to violent activities by any group or
- request for assistance from the Union to maintain public order when the situation in
- the state cannot be controlled by the state’s own forces.
- Another Similar Article
Article 352 -Proclamation of Emergency —
- If the President is satisfied that a grave emergency exists whereby the security of India
- or of any part of the territory thereof is threatened, whether by war or external aggression or
- [armed rebellion], he may, by Proclamation, make a declaration to that effect [in respect of
- the whole of India or of such part of the territory thereof as may be specified in the
- ] A Proclamation issued under clause (1) may be varied or revoked by a subsequent
- The President shall not issue a Proclamation under clause (1) or a Proclamation
- varying such Proclamation unless the decision of the Union Cabinet (that is to say,
- the Council consisting of the Prime Minister and other Ministers of Cabinet rank
- appointed under article 75) that such a Proclamation may be issued has been
Maternal And Child Mortality // नवजात मृत्यु दर// संयुक्त राष्ट्र की रिपोर्ट
- communicated to him in writing.
- Every Proclamation issued under this article shall be laid before each House of
- Parliament and shall, except where it is a Proclamation revoking a previous
- Proclamation, cease to operate at the expiration of one month unless before the
- expiration of that period it has been approved by resolutions of both Houses of
- Parliament
- Article 353-Effect of Proclamation of Emergency—While a Proclamation of Emergency is
- in operation, then—
- Notwithstanding anything in this Constitution, the executive power of the Union shall
- extend to the giving of directions to any State as to the manner in which the
- executive power thereof is to be exercised.
- the power of Parliament to make laws with respect to any matter shall include power
- to make laws conferring powers and imposing duties or authorising the conferring of
- powers and the imposition of duties, upon the Union or officers and authorities of the
- Union as respects that matter, notwithstanding that it is one which is not enumerated
- in the Union List.
- Article 354-Application of provisions relating to distribution of revenues while a
Proclamation of Emergency is in operation —
- The President may, while a Proclamation of Emergency is in operation, by order direct
- that all or any of the provisions of articles 268 to 279 shall for such period, not extending in
- any case beyond the expiration of the financial year in which such Proclamation ceases to
- operate, as may be specified in the order, have effect subject to such exceptions or
- modifications as he thinks fit.
- Every order made under clause (1) shall, as soon as may be after it is made, be laid
- before each House of Parliament.
-
Article 355
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