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ARTICLE 355, 356 OF CONSTITUTION OF INDIA 1949

What is the meaning Duty of the Union to protect States against external aggression and internal disturbance? What are the Provisions in case of failure of constitutional machinery in State? Article 355 and 356 of Constitution of India, 1949

Duty of the Union to protect States against external aggression and internal disturbance and Provisions in case of failure of constitutional machinery in State are defined under Article 355 and 356 of Constitution of India 1949. Provisions under these Articles are:

Article 355 of Constitution of India "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.

Article 356 of Constitution of India "Provisions in case of failure of constitutional machinery in State"

(I) If the President, on receipt of report from the Governor of the State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with ?he provisions of this Constitution, the President may be Proclamation-

(a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or any body or authority in the State other than the Legislature of the State;

(b) declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament;

(3) make such incidental and consequential provisions as appear to the president to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of this constitution relating to any body or authority in the State.

Provided that nothing in this clause shall authorise the President to assume to himself any of the powers vested in or exercisable by a High Court, or to suspend in whole or in part the operation of any provision of this Constitution relating to High Courts.

(2) Any such Proclamation may be revoked or varied by a subsequent Proclamation.

(3) Every Proclamation issued under this article except where it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of two months unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament. Provided that if any such Proclamation (not being a Proclamation revoking a previous Proclamation) is issued at a time when the House of the People is dissolved or the dissolution of the House of the People takes place during the period of two months referred to in this clause, and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation Shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People.

(4) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of six months from the date of issue of the Proclamation: Provided that if and so often as a resolution approving the continuance in force of such a Proclamation is passed by both Houses of Parliament, the Proclamation shall, unless revoked, continue in force for a further period of six months from the date on which under this clause it would otherwise have ceased to operating, but no such Proclamation shall in any case remain in force for more than three years:

Provided further that if the dissolution of the House of the People takes place during any such period of six months and a resolution approving the continuance in force of such Proclamation has been passed by the Council of States, but no resolution with respect to the continuance in force of such Proclamation has been passed by the House of the People during the said period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the continuance in force of the Proclamation has been also passed by the House of the People.

(5) Notwithstanding anything contained in clause (4), a resolution with respect to the continuance in force of a Proclamation approved under clause (3) for any period beyond the expiration of one year from the date of issue of such proclamation shall not be passed by either House of Parliament unless-

(a) a Proclamation of Emergency is in operation, in the whole of India or, as the case may be, in the whole or any part of the State, at the time of the passing of such resolution, and

(b) the Election Commission certifies that the continuance in force of the Proclamation approved under clause (3) during the period specified in such resolution is necessary on account of difficulties in holding general elections to the Legislative Assembly of the State concerned:

Provided that in the case of the Proclamation issued under clause (1) on the 6th day of October, 1985 with respect to the State of Punjab, the reference in this clause to "any period beyond the expiration of two years".

Constitution of India 1949

What is the Official language of the Union? What is the Commission and Committee of Parliament on official language? Article 343 and 344 of Constitution of India, 1949

What is Official language or languages of a State? What is Official language for communication between one State and another or between a State and the Union? What is Special provision relating to language spoken by a section of the population of a State? Article 345, 346 and 347 of Constitution of India, 1949

What is the Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc? What is the Special procedure for enactment of certain laws relating to language? Article 348 and 349 of Constitution of India, 1949

What is the Language to be used in representations for redress of grievances? What are the Facilities for instruction in mother-tongue at primary stage? Article 350 and 350A of Constitution of India, 1949

Who is the Special Officer for linguistic minorities? What are Directive for development of the Hindi language? Article 350B and 351 of Constitution of India, 1949

What is Proclamation of Emergency and Emergency Provisions? Article 352 of Constitution of India, 1949

What is the Effect of Proclamation of Emergency? What is Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation? Article 353 and 354 of Constitution of India, 1949

What is the meaning Duty of the Union to protect States against external aggression and internal disturbance? What are the Provisions in case of failure of constitutional machinery in State? Article 355 and 356 of Constitution of India, 1949

What is Exercise of legislative powers under Proclamation issued under Article 356? What is Suspension of provisions of Article 19 during emergencies? Article 357 and 358 of Constitution of India, 1949

What is Suspension of the enforcement of the rights conferred by Part III during emergencies? Article 359 of Constitution of India, 1949

What are the Provisions as to financial emergency? Article 360 of Constitution of India, 1949


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