Duty of the Union to protect States against external aggression and internal disturbance
Quick Summary (TL;DR)
Article 355 (Duty of the Union to protect States against external aggression and internal disturbance): Defines constitutional Emergency provisions and strict parliamentary/judicial guardrails under Part XVIII.
In Simple Citizen Words
Article 355 ('Duty of the Union to protect States against external aggression and internal disturbance') in Part XVIII (Emergency Provisions, Articles 352–360) regulates extraordinary crisis powers—National Emergency (Arts 352–354), Union duty to protect States (Art 355), State constitutional breakdown / President's Rule (Arts 356–357), effect on Fundamental Rights (Arts 358–359), and Financial Emergency (Art 360). Crucially, after the 44th Amendment (1978), Articles 20 and 21 (Right to Life, Personal Liberty, and Fair Trial) can NEVER be suspended even during a National Emergency.
Key Constitutional Provisions
Constitutional Mandate (Art. 355): Directly codifies the legal rule for 'Duty of the Union to protect States against external aggression and internal disturbance' under Part XVIII
Sets a direct, self-contained constitutional command binding on public authorities across India
Any administrative or legislative action violating Article 355 can be challenged before the High Court (Art. 226) or Supreme Court
Exceptions & Reasonable Restrictions
Every Emergency proclamation requires strict Parliamentary approval within statutory deadlines and is subject to judicial review for mala fide exercise (S.R. Bommai v. Union of India, 1994).
Why This Matters in Daily Life
Equips the Republic to defend national sovereignty during war or crisis while preventing any government from suspending citizens' right to life and liberty.
Want deeper legal & historical context? Explore the official Bare Act or Supreme Court Precedents & CAD Debates: