25 Mar 2022 Article 355
Article 355 – Today Current Affairs
- Recently, the Congress party in West Bengal has demanded that the law and order situation in West Bengal has been completely broken and ‘Article 355(Article 355’) to govern the state as per the provisions of the Constitution. 355) should be implemented.
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Related case:
- A violent fight took place between two factions of the ruling party on March 21, 2022 in Bogtui village of Birbhum district in West Bengal.
- In Birbhum district’s Rampur Haat, Gram Panchayat Deputy Pradhan ‘Bhadu Sheikh’ of the ruling TMC was murdered a few days ago and in retaliation houses were attacked and set ablaze in the area resulting in fires including women and children. 12 people died. All the people who died are from minority community.
About ‘Article 355’: The Hindu Analysis
- According to the provision mentioned in Article 355 of the Constitution of India, “It shall be the duty of the Union to protect every State from external aggression and internal disturbance and to ensure that the Government of each State is carried on in accordance with the provisions of this Constitution”.
- There are several approaches to the second part of this duty prescribed to the Union, namely “to ensure that the Government of each State is carried on in accordance with the provisions of this Constitution”.
Law & Order: The Hindu Analysis
- “Public order” and “police” are state subjects and states have special power to make laws on these matters.
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Alleged justification of emergency: The Hindu Analysis
- Although, this article is rarely used; But it is seen as a means of justifying the imposition of emergency under Articles 352 and 356.
- According to the observation made by the Supreme Court in the SR Bommai case, although Article 352 empowers the Central Government to impose emergency in the state in the event of an armed rebellion, there is a situation of ‘Internal Disturbance’. Such a declaration cannot be made in
- Therefore, as per the Supreme Court’s interpretation- Article 355 itself does not confer any power on the Central Government to impose emergency, because a declaration of emergency under Article 352 cannot be justified for a type of armed rebellion arising out of mere ‘internal disturbance’. Nor can such ‘disturbance’ justify the issue of emergency under Article 356.
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