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Abhishek Das   27 September 2019

kindly read the article below to understand the concept of Article 355 in a better way

https://www.gktoday.in/gk/article-355-of-the-constitution-explained/

Mansi Aggarwal   24 February 2021

Hello, thank you for your query.

Article 355 of the Indian Constitution reads that 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 355 imposes a positive obligation upon the Government in power, the failure to adequately discharge which is unconstitutional.

Hope this helps you.

175B083 Mahesh P S   01 March 2021

Hello,

Read more at:

https://www.lawyersclubindia.com/articles/home-affairs-12087.asp

https://www.lawyersclubindia.com/articles/judicial-independence-355.asp

Thank you

Preksha Goyal   14 May 2021

Article 355 reads: “It shall be the duty of the Union to safeguard every State against external aggression and internal disturbance and to make sure that the govt of each State is carried on in accordance with the provisions of this Constitution.” The Supreme Court in Sarbananda Sonowal v. UOI, where Justice Mathur, writing for a bench of three judges, decided challenges to the Illegal Migrants (Determination by Tribunals) Act, 1983 (“IMDT Act”) and its corresponding rules, which also addressed illegal immigration in the State of Assam. Having engaged in a very detailed analysis of the meaning of the term ‘external aggression’, and reading illegal immigration as falling within its scope, Justice Mathur concluded in paragraph 42: ‘The provisions of the IMDT Act and therefore the Rules made thereunder clearly negate the constitutional mandate contained in Article 355 of the Constitution, where a requirement has been cast upon the Union of India to safeguard every State against external aggression and internal disturbance. The IMDT Act which contravenes article 355 of the Constitution is, therefore, wholly unconstitutional and must be struck down.’ To declare the IMDT Act unconstitutional, Justice Mathur could have relied on one of two grounds: first, that the IMDT Act is “law” under Article 13 of the Constitution, and thus subject to constitutional scrutiny; and second (and which is more likely), that provisions such as Article 355 impose a positive obligation upon the govt in power, the failure to adequately discharge which is unconstitutional. I'll examine the veracity of both these assumptions independently.

sneha jaiswal   15 May 2021

Hello, Greetings of the day!
For the query you posted, 
According to Section 355 of the 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”.
As per Article 355 of the Constitution of India imposes a duty of the centre to provide security to the States from any kind of external aggression or internal disturbance so that the law and order is maintained and they can continue with the Governance in an orderly manner.

Hope it helps
Regards,
Sneha Jaiswal
 


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