The Constitution of India
Article 355
Duty of the Union to protect States against external aggression and internal disturbance
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
Why this exists
The framers wanted a strong Union that could step in when a state faced war, invasion, or serious breakdown of law and order, or when a state government stopped functioning according to constitutional norms. Article 355 was placed just before Article 356 (President's Rule) to explain why the Union has such emergency powers over states — it frames Union intervention as a duty, not just a discretionary power, balancing India's federal structure with the need for national unity and constitutional order.
How courts read it
In S.R. Bommai v. Union of India (1994), the Supreme Court held that Article 355 is not an independent source of power for the Union to take over a state; rather, it explains the purpose behind Articles 356 and 357. The Court emphasized that Article 355 must be read together with Article 356, and that invoking President's Rule under Article 356 is subject to judicial review to prevent misuse of this 'protective' duty for political ends.
Common misconceptions
- Myth: Article 355 by itself lets the Union directly take over a state's government.
Fact: Courts have clarified that Article 355 only describes the Union's duty; actual takeover requires invoking Article 356, which courts can review for misuse.