Article 355 Union Duty Explained
Article 355 of the Constitution of India imposes specific obligations on the Union government regarding the governance and security of the States.
Union's Constitutional Duty under Article 355
Article 355 mandates the Union to perform the following duties:
- To protect every State against external aggression.
- To protect every State against internal disturbance.
- To ensure that the government of every State functions in accordance with the constitutional framework.
Evaluating the Options
Based on the text of Article 355, we can analyze the options:
- Option 1: protect States against external aggression and internal disturbance - This option accurately reflects the primary duty explicitly mentioned in Article 355.
- Option 2: allow the extension of executive powers of the Union to any State - While the Union may exercise certain powers, this specific statement does not represent the fundamental duty under Article 355.
- Option 3: declare that the powers of the legislature of a State shall be exercisable by or under the authority of the Parliament - This describes a consequence that can occur during the imposition of President's Rule under Article 356, rather than the proactive duty outlined in Article 355.
- Option 4: allow the Parliament to include or exclude any caste, race or tribe into the list of the Scheduled Castes or Scheduled Tribes - This falls under the legislative and social policy domain, not the protective duty stipulated by Article 355.
Concluding the Duty
Article 355 clearly states the Union's duty is to safeguard the States from external threats and internal unrest, ensuring constitutional governance.
Important Questions from Emergency Provisions
Consider the following statements :
1. According to the Article 356, Government could declare a state of emergency on grounds of external threat only.
2. Once a emergency is proclaimed the federal distribution of powers remains practically suspended and all the powers are concentrated in the hands of the union government
3. The 42nd Amendment was also passed during the emergency.4. Among the various changes made by 42nd Amendment, one was that the duration of the legislatures in the country was extended from 5 to 7 years.
Which of the statements given above is correct?Which of the following statements about National Emergency is/are correct?
1. A Proclamation of Emergency may be made by the President only when the security of India or any part thereof is threatened by war or external
aggression or armed rebellion.
2. The Government of India acquires power to give directions to a State on any matter.
3. The Proclamation of Emergency does not suspend the State legislature.
4. The Proclamation of Emergency can continue for a maximum period of six months at a time only if approved by resolutions of both the Houses of
Parliament.
Select the correct answer using the code given below:- Consider the following statements regarding the imposition of President's Rule (Article 356) in Haryana:
1. President's Rule has been imposed in Haryana exactly three times since its formation.
2. The first instance of President's Rule in Haryana occurred in 1967 following the fall of the Rao Birender Singh-led Samyukta Vidhayak Dal government. - Which amendment made written advice of Cabinet mandatory for Emergency declaration?
Assertion [A] : While a proclamation of emergency is in operation, a Parliament shall have power to make Laws with respect to any of the matters enumerated in the state list.
Reason [R] : Article 1 of the Indian Constitution describes India as a Union of States.
