SHRI RAM COLLEGE OF COMMERCE

INTRODUCTION TO INDIAN
CONSTITUTION TUTE ASSIGNMENT

SUBMITTED BY : PRACHI BURMAN

TUTE: O73
ROLL NO : 22BC043
SUBMITTED TO : DR HIZAM LIZA DALLO RIHMO
TOPIC: ARTICLE 355
ARTICLE 355: INDIAN CONSTITUTION

ARTICLE 355

● It is stated in Article 355 of the Constitution that "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".

● The emergency provisions found in Part XVIII of the Indian Constitution, from
Articles 352 to 360, include Article 355.

RESTRICTIONS UNDER ARTICLE 355

● According to Article 355, the Union government has the authority to direct any
state to follow the rules and laws of the Union. There are a few limitations on this
power, though:

1. The instructions can only be given when the state apparatus fails to follow or put
into effect any Union law or regulation.

2. The instructions must be urgent and may not last longer than is required to fix the
state machinery's malfunction.

3. Before issuing such directions, the state government should be given a chance to
voice its opinions.

4. Unless there is a breakdown of the state apparatus, the Union government cannot
use this power to interfere in the internal affairs of a state.

LENGTH OF PROHIBITION

● The Constitution does not state how long assistance will be given under Article
355.
 ● When things return to normal or upon request from the state government, the
Union government may withdraw its support.

● If any fundamental rights or constitutional clauses are violated, the duration of the
assistance provided under Article 355 is subject to judicial review and can be
contested in court.

THE PRESIDENT MAY USE ARTICLE 355 IN FOLLOWING

SITUATION:

● when a state disregards or refuses to carry out any instructions issued by the
Union under the Constitution.

● when internal unrest or external aggression endangers India's security.

● when any violent behaviour by any group or organisation endangers the unity and
integrity of India.

● when a state asks the Union for help in keeping the peace and the Union
determines that the state's situation cannot be under control by the state's own
forces.

● when a state does not adequately protect minorities, especially when there is
communal violence.

● when a state's government neglects to make sure that the state's constitutional
framework is upheld.

REASONABLE RESTRICTIONS

● It is significant to note that there are limitations on how Article 355 may be used:

● The Union Council of Ministers must advise the President before using this article;
it cannot be done on the President's own initiative.

● The President is not permitted to directly interfere in the affairs of the state when
Article 355 is invoked.
 ● The state legislature and the judiciary may not receive instructions from the
president through this article; only the state government may receive such
instructions.

● The duration and scope of the use of Article 355 should be constrained, and it
shouldn't have the effect of permanently eroding the state's autonomy or violating
its constitutional rights.

RELATION BETWEEN ARTICLE 356 AND 355

● In the event that the state's constitutional machinery fails or malfunctions, the
centre assumes control of the state's administration pursuant to Article 356.

● 'President's Rule' is the term used to describe this.

● The president's power may be imposed under Article 356 on one of two grounds:

1. If the President is certain that a situation has developed in which the

government of a state cannot be carried out in conformity with the
provisions of the constitution, he is authorized by Article 356 to issue a
proclamation.

2. According to Article 365, the President may declare that a situation has
arisen in which the state's administration cannot be carried out in line with
the requirements of the constitution whenever a state refuses to comply with
or give effect to any directive from the centre.

● A proclamation imposing the president's rule must be approved by both houses of

parliament and must be in effect for at least two months after it is issued.

● the President's rule's effects When the President's rule is established in a state, the
President gains the following extraordinary powers:

1. He is capable of assuming the duties of the state government and any

authority granted to the governor or another executive body in the state.
2. He has the authority to proclaim that the parliament will act in place of the
state legislature.
3. In addition, he has the ability to suspend any constitutional requirements
pertaining to any governmental organization or authority.
 JUDICIAL REVIEW : Under the 38th Amendment act of 1975, the President's
satisfaction in using Article 356 became final and conclusive and could not be
contested in court on any grounds.

● However, the 44th Amendment Act of 1978 later repealed this clause, meaning
that the President's satisfaction is subject to judicial scrutiny.

What exactly are emergency provisions?

● The Central government can respond to any abnormal situation effectively thanks
to these provisions.

● The Government of India Act of 1935 served as the basis for the Indian
Constitution's emergency provisions.

● The German Weimar Constitution, however, is where the suspension of

fundamental rights during times of emergency is found.

● To protect the country's sovereignty, unity, integrity, and security as well as the
democratic political system and the Constitution, incorporation is justified.

The Constitution lists three different kinds of emergencies:

1. National Emergency
2. Financial Emergency
3. Constitutional Emergency

NATIONAL EMERGENCY

War, external aggression, or armed rebellion are all grounds for a national emergency to
be declared. In the Constitution, a situation of this nature is referred to as a "proclamation
of emergency."
 GROUNDS OF DECLARATION

● When war, external aggression, or armed rebellion threaten the security of India or
a portion of it, the president is authorized by Article 352 to declare a national
emergency.

● Even before a war, armed rebellion, or external aggression takes place, the
President may declare a national emergency.

● The term "External Emergency" refers to a national emergency that is declared

due to "war" or "external aggression."

● On the other hand, it is referred to as a "internal emergency" when it is declared

due to a "armed rebellion".

'Armed rebellion' is a term that was added by the 44th amendment. It was previously
referred to as an internal disturbance.

FINANCIAL EMERGENCY

Grounds for declaration: According to Article 360, the president may declare a financial
emergency if he is confident that a situation has developed that threatens India's financial
stability or credit in whole or in any part of its territory.

How do emergencies affect fundamental rights?

● The impact of a National Emergency on Fundamental Rights is discussed in

Articles 358 and 359 of the Constitution. Here is a description of these two clauses:

● Article 19's suspension of fundamental rights: Article 358 states that the six
fundamental rights under Article 19 are automatically suspended when a
declaration of a national emergency is made.

● Other Fundamental Rights Suspension: In accordance with Article 359, the

President is permitted to suspend, by executive order, the ability to petition any
court to enforce Fundamental Rights during a National Emergency.

● It should be noted, though, that President's Rule and Financial Emergencies do not
affect Fundamental Rights.
ARTICLE 355 INVOKED IN MANIPUR

CENTRAL IDEA

● The High Court's recent decision to pursue a 10-year-old recommendation to grant

the non-tribal Meitei community Scheduled Tribe (ST) status precipitated recent
unrest in the state of Manipur.
● Reliable sources claim that the Centre has implemented Article 355 in the state in
an effort to control the situation due to the current, unprecedented burning
situation.

● In terms of geography, Manipur is divided into the Imphal Valley and the hills
nearby.

● The non-tribal Meitei community, which makes up more than 64% of the population
in the Imphal Valley, dominates.

● More than 35% of Manipur's recognised tribes, the majority of which are
Christians, live in the hills, which make up 90% of the state's land area.

● The 33 recognised tribes are broadly divided into "Any Naga tribes" and "Any Kuki
tribes," with Hindus constituting the majority of the Meiteis, followed by Muslims.

MEITEI ARGUMENT

● The State government was required to submit a 10-year-old recommendation for

the Meitei community's inclusion on the Scheduled Tribe (ST) list by the Manipur
High Court.

● To "preserve" the community and "save the ancestral land, tradition, culture, and
language" of the Meiteis, the ST status is required.

● Before the State and the Union of India merged in 1949, the Meiteis were
acknowledged as a tribe.
Tribal groups' opposition to the ST Status Advantaged community :

● Community in advantage : Many tribal groups assert that the Meiteis are more
advanced than them in terms of academic achievement and other areas, but also
have a demographic and political advantage.

● Benefits at the expense of others: They believe that giving the Meiteis ST status
would prevent them from hiring Meiteis and would enable them to buy up land in
the hills, driving the tribal people out.

● Already in Benefit : The Meitei people have already benefited because their
language is listed in the Constitution's Eighth Schedule and many of them are
eligible for SC, OBC, or EWS benefits.

● Political retaliation: The demand for ST status is an attempt to temper the ardent
political demands of the Kukis and Nagas as well as a covert plan by the dominant
valley dwellers to expand into the State's hill regions.

DIRECT CAUSE OF UNREST

● The campaign against drugs led by Chief Minister Nongthombam Biren Singh is
being undermined by some tribal organizations with personal agendas.

● With the idea that "illegal settlers" from Myanmar, who are ethnically related to the
Kuki-Zomi people of Manipur, are responsible for clearing forests and public lands
to grow opium and cannabis, the anti-drug campaign started with the destruction of
poppy fields.

● The eviction of a Kuki village's residents sparked the first violent protest on March
10

● Following a "tribal solidarity rally" against the alleged move to include the Meiteis in
the ST list, there was widespread arson and violence that resulted in at least one
person losing their life on May 3 and 4.
 CONCLUSION

In conclusion, it is imperative that all parties involved give the violence in Manipur their
undivided attention and make a concerted effort to resolve it. People's lives have suffered
greatly as a result of the region's ongoing conflicts and unrest, which has hampered their
growth, prosperity, and general well-being.

The underlying factors that contribute to the violence in Manipur are intricate and
multifaceted, including historical resentments, ethnic tensions, territorial disputes, and
economic inequalities. It takes a comprehensive strategy to address the root causes of
these pervasive problems while promoting inclusivity, dialogue, and understanding among
various communities.

To promote peace, reconciliation, and sustainable development in Manipur, the federal

and state governments must collaborate with local communities, civil society
organisations, and other key stakeholders. This calls for putting in place sensible
safeguards for the protection of human rights, developing avenues for economic
expansion, and attending to the aspirations and worries of all communities in the area.

Furthermore, for Manipur's citizens to live in peace for the foreseeable future, trust and a
sense of community must be fostered. This can be accomplished by promoting inclusive
decision-making, open and transparent governance, and initiatives to close gaps between
various groups.

The peacebuilding process in Manipur can greatly benefit from international cooperation
and support. Achieving dialogue, mediation, and reconciliation efforts can be facilitated by
involving regional and international organizations, neighboring nations, and other
stakeholders. These parties can offer invaluable insights, resources, and expertise.

Ultimately, all parties involved—the government, communities, and people—must

maintain their commitment if Manipur is to make progress towards peace and stability. It
is possible to prepare the people of Manipur for a peaceful and prosperous future by
addressing the root causes of violence, encouraging inclusive development, and fostering
a culture of dialogue and understanding.
REFERENCES
https://www.drishtiias.com/daily-news-analysis/article-355-breakdown-of-constitutional-machinery
https://www.constitutionofindia.net/articles/article-355-duty-of-the-union-to-protect-states-against-e
xternal-aggression-and-internal-disturbance/
https://www.civilsdaily.com/news/article-355-imposed-in-manipur/