Citing post-poll violence in Birbhum district, West Bengal, many political leaders have urged the president to invoke Article 355 of the Constitution to ensure that the state government functions in accordance with the provisions of the Constitution.
- The petitioner has asked for imposition of Article 355 on account of breakdown of constitutional machinery.
Context
Citing post-poll violence in Birbhum district, West Bengal, many political leaders have urged the president to invoke Article 355 of the Constitution to ensure that the state government functions in accordance with the provisions of the Constitution.
- The petitioner has asked for imposition of Article 355 on account of breakdown of constitutional machinery.
About Article 355
- Article 355 of the Constitution deals with an emergency provision by which the Centre can intervene and protect a state against external aggression or 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.
Emergency Provisions in Indian Constitution
- The Emergency provisions are contained in Part XVIII of the Constitution, from Articles 352 to 360.
- These provisions enable the Central government to meet any abnormal situation effectively.
- The rationality behind the incorporation of these provisions in the Constitution is to safeguard the sovereignty, unity, integrity and security of the country, the democratic political system, and the Constitution.
- During an Emergency, the Central government becomes all powerful and the states go into the total control of the Centre.
- It converts the federal structure into a unitary one without a formal amendment of the Constitution.
- This kind of transformation of the political system from federal during normal times to unitary during Emergency is a unique feature of the Indian Constitution.
The Constitution prescribed three types of emergencies
- An emergency due to war, external aggression or armed rebellion (Article 352). This is popularly known as ‘National Emergency’.
- However, the Constitution employs the expression ‘proclamation of emergency’ to denote an emergency of this type.
- An Emergency due to the failure of the constitutional machinery in the states (Article 356). This is popularly known as ‘President’s Rule’.
- It is also known by two other names–‘State Emergency’ or ‘constitutional Emergency’. However, the Constitution does not use the word ‘emergency’ for this situation.
- Financial Emergency due to a threat to the financial stability or credit of India (Article 360).
