Exploring Articles 355 to 358 of the Indian Constitution: Relevance in the Modern Era

Exploring Articles 355 to 358 of the Indian Constitution: Relevance in the Modern Era

The Indian Constitution, a cornerstone of the country's governance, embodies principles that stand the test of time. Articles 355 to 358, nestled within the framework of the Constitution, address the crucial aspect of national security and the responsibilities of the Union in ensuring the same. In the context of the modern era, these articles continue to hold immense significance, shaping the landscape of India's security architecture.

Article 355: Duty of the Union to Protect States against External Aggression and Internal Disturbance

Article 355 serves as a mandate for the Union to ensure the protection of every state within India from external aggression and internal disturbance. It establishes the responsibility of the Union government to come to the aid of states facing threats to their security.

In the contemporary context, this article has been invoked to address various internal security challenges, including insurgency, terrorism, and communal violence. The judiciary has played a crucial role in interpreting and upholding the essence of this article. In the landmark case of Kesavananda Bharati v. State of Kerala (1973), the Supreme Court underscored the duty of the Union to protect states from internal disturbances, emphasizing the importance of maintaining law and order.

Article 356: President's Rule in States

Article 356 empowers the President to assume the governance of a state if the state machinery fails to function as per constitutional provisions. While this provision has been a subject of contention due to concerns regarding federalism, it remains a tool to ensure the stability and proper functioning of a state when constitutional machinery collapses.

In S.R. Bommai v. Union of India (1994), the Supreme Court laid down guidelines to prevent arbitrary use of Article 356, emphasizing the need to exercise this power sparingly and only under extraordinary circumstances where the government in the state cannot be carried on in accordance with the provisions of the Constitution.

Article 357 and 358: Exercise of Legislative Powers in States During Emergency

Articles 357 and 358 provide provisions for the exercise of legislative powers in the states during a national emergency. Article 357 empowers the President to direct the Parliament to confer powers upon the Parliament to legislate on matters in the state list, while Article 358 suspends the enforcement of fundamental rights during a national emergency except for those under Articles 20 and 21.

In the modern era, the application of these articles has been limited, yet their existence serves as a critical aspect of India's constitutional machinery, ensuring the balance between national security imperatives and fundamental rights of citizens.

Conclusion

Articles 355 to 358 of the Indian Constitution, conceived in a different era, continue to resonate in the contemporary landscape, addressing the multifaceted challenges posed by internal and external threats. While these articles grant the Union certain powers, judicial interventions have also acted as checks, ensuring the judicious and restrained exercise of authority.

As India navigates the complexities of a rapidly changing global scenario, the interpretations and applications of these articles evolve, emphasizing the essence of a robust constitutional framework adaptable to the demands of the modern era while safeguarding the foundational principles of the nation.