Articles 355 and 356 of the Constitution of India: Union Duty and President's Rule
Articles 355 and 356 form part of Part XVIII of the Constitution of India, dealing with emergency provisions. Article 355 places a constitutional duty on the Union to protect every State against external aggression and internal disturbance and to ensure constitutional government in each State. Article 356 provides the constitutional mechanism that may be invoked when the government of a State cannot be carried on in accordance with the Constitution.
Article 355: Duty of the Union to protect States
Article 355 defines a constitutional duty of the Union. Its official text provides:
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.
In practical terms, Article 355 identifies three connected responsibilities: protection of every State against external aggression; protection against internal disturbance; and ensuring that State government is carried on according to the Constitution. Article 355 states the Union's duty; it does not itself reproduce the detailed proclamation procedure found in Article 356.
Article 356: Failure of constitutional machinery in a State
Article 356 deals with a situation in which the President is satisfied, on receipt of a report from the Governor of a State or otherwise, that the government of the State cannot be carried on in accordance with the Constitution. In that situation, the President may issue a Proclamation.
Powers that may be exercised under Article 356(1)
A Proclamation may:
(a) Assume to the President all or any functions of the State Government and all or any powers vested in or exercisable by the Governor or any body or authority in the State, other than the State Legislature.
(b) Declare that the powers of the State Legislature shall be exercisable by or under the authority of Parliament.
(c) Make incidental and consequential provisions considered necessary or desirable for giving effect to the objects of the Proclamation, including provisions concerning constitutional functions of bodies or authorities in the State.
The proviso to Article 356(1) protects the constitutional position of the High Courts: the President cannot assume powers vested in or exercisable by a High Court, or suspend constitutional provisions relating to High Courts.
Revocation or variation
Under Article 356(2), a Proclamation may be revoked or varied by a subsequent Proclamation.
Parliamentary approval and duration of President's Rule
Article 356 contains safeguards requiring parliamentary approval and limiting the duration of a Proclamation.
| Provision | Effect |
|---|---|
| Article 356(3) | A Proclamation, other than one revoking an earlier Proclamation, ordinarily ceases after two months unless approved by resolutions of both Houses of Parliament. Special timing rules apply if the Lok Sabha is dissolved. |
| Article 356(4) | Once approved, the Proclamation ordinarily operates for six months and may be continued for further six-month periods by resolutions of both Houses, subject to the constitutional maximum. |
| Maximum period | A Proclamation cannot ordinarily remain in force for more than three years. |
| Article 356(5) | Continuation beyond one year requires both a Proclamation of Emergency satisfying the constitutional condition in clause (5)(a) and Election Commission certification under clause (5)(b) concerning difficulties in holding a general election to the State Legislative Assembly. |
The Constitution also contains a historical proviso in Article 356(5) concerning the Proclamation issued on 6 October 1985 with respect to Punjab.
Judicial review of a Proclamation under Article 356
The exercise of power under Article 356 is subject to judicial review. In S.R. Bommai v. Union of India, the Supreme Court examined the constitutional limits on Article 356 and the reviewability of a Presidential Proclamation. The judgment is a central authority on federalism, constitutional breakdown and the legal scrutiny of material relied upon for invoking Article 356.
Difference between Articles 355 and 356
| Article 355 | Article 356 |
|---|---|
| States the Union's constitutional duty toward the States. | Provides for a Presidential Proclamation when State government cannot be carried on in accordance with the Constitution. |
| Covers external aggression, internal disturbance and constitutional governance. | Deals specifically with failure of constitutional machinery in a State. |
| Does not itself set out the parliamentary approval timetable applicable to President's Rule. | Contains detailed provisions on approval, continuation, revocation and duration. |
Official text and legal research
For authoritative wording and amendment footnotes, refer to the official Constitution of India published by the Legislative Department, Ministry of Law and Justice. For judgments interpreting Article 356, use the Supreme Court Reports judgment search. The Supreme Court's official judgment in S.R. Bommai v. Union of India is also available online.