Articles 355 and 356: Safeguarding State Governance

Article 355: Duty of the Centre to Protect States

Article 355 of the Indian Constitution mandates that the Union government must ensure that every state operates within the framework of the Constitution. If a state's governance is jeopardized due to internal disturbances, external aggression, or administrative failures, the Centre is obliged to take necessary actions.

• Issuing advice or warnings to the state government.
• Providing financial and administrative support.
• Deploying central forces if required.

However, if these interventions do not succeed and the state government remains dysfunctional, Article 356 can be invoked.

Article 356: President’s Rule in a State

President’s Rule may be imposed under specific conditions, such as:

• The Governor of the state reports that the government cannot function according to the Constitution.
• The President is satisfied, even in the absence of a Governor's report, that the constitutional machinery in the state has failed.

When President’s Rule is enacted:

• The President may assume any or all functions of the state government.
• The powers of the state legislature are transferred to Parliament.
• The Governor administers the state on behalf of the President.

Duration and Approval Process

• Initial Period: President’s Rule can last for 6 months.
• Parliamentary Approval: It must be approved by both Houses of Parliament within 2 months.
• Extension: It can be extended every 6 months. However, beyond one year, two conditions must be satisfied:
  • A National Emergency (as per Article 352) must be in force.
  • The Election Commission certifies that elections cannot be conducted.
• Maximum Limit: President’s Rule cannot extend beyond three years.

Constitutional Safeguards

• Judicial Review: Courts have the authority to strike down arbitrary applications of Article 356, as demonstrated in the S.R. Bommai case (1994).
• Federal Balance: This provision is designed to protect state autonomy, ensuring that the Centre intervenes only as a last resort. The mechanism aims to uphold constitutional governance while preventing the misuse of central authority.

Frequently Asked Questions (FAQs)

Q1. What is the primary purpose of Article 355?
Answer: Article 355 ensures that the Union government protects states from internal disturbances and guarantees that they function according to the Constitution.

Q2. Under what conditions can President’s Rule be imposed?
Answer: President's Rule can be imposed if the Governor reports dysfunction in the state government or if the President believes constitutional machinery has failed.

Q3. How long can President's Rule last in a state?
Answer: President's Rule can initially last for 6 months, and it may be extended but cannot exceed three years without specific conditions being met.

Q4. What are the constitutional safeguards associated with President’s Rule?
Answer: Safeguards include judicial review to prevent arbitrary use of Article 356 and measures to maintain a federal balance, protecting state autonomy.

Q5. Who administers the state during President's Rule?
Answer: During President's Rule, the Governor administers the state on behalf of the President, who may assume the functions of the state government.

UPSC Practice MCQs

Question 1: What does Article 355 mandate?
A) Protects citizens' rights
B) Ensures state governance as per the Constitution
C) Establishes federal courts
D) None of the above
Correct Answer: B

Question 2: Who has the authority to impose President's Rule in a state?
A) The Chief Minister
B) The Governor
C) The President
D) The Parliament
Correct Answer: C

Question 3: What is the maximum duration of President's Rule?
A) 1 year
B) 2 years
C) 3 years
D) 5 years
Correct Answer: C

Question 4: Which case is significant in the context of judicial review of Article 356?
A) Kesavananda Bharati case
B) S.R. Bommai case
C) Minerva Mill case
D) Golaknath case
Correct Answer: B

Question 5: What ensures the federal balance when invoking President's Rule?
A) State elections
B) Central government intervention
C) Judicial review
D) Governor's report
Correct Answer: C