Centre ready with Art 355 rocket for Orissa, Karnataka

In a late-night move, the Centre was reported to be preparing the ground for a politically controversial move of invoking Article 355 against Orissa and Karnataka, the two NDA-ruled states which are witnessing large-scale targeted attacks on the Christian minority community over the last few weeks ostensibly in protest against conversions.

Article 355, one of the most rarely used provisions of the Constitution, enshrines on the Central Government a “duty 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 is one of the three controversial “emergency provisions” in the Constitution along with Article 352, which empowers the Centre to impose a national Emergency, and Article 356, which enables it to dismiss a state government. In practice, it is a warning message to the state government that the Centre is ready to intervene in the administration of the state and restore order, if necessary.

“It is clear from Article 355 that it is not an independent source of power for interference with the functioning of the state government but is in the nature of justification for the measures to be adopted under Articles 356 and 357,” the Supreme Court ruled in its landmark S R Bommai vs Union of India case in 1994, making it clear that the dismissal of a state government must be preceded by invoking of Article 355.

The Sarkaria Commission on Centre-State relations also recommended that the Centre exhaust all alternative courses available to the Union under Article 355 before imposing President’s rule in a state. In reality, though, Article 356 has mostly been invoked without Article 355 preceding it.

Many political parties, including CPI and CPM, have asked for a repeal of Articles 355 and 356. Significantly, BJP leader L K Advani last year demanded the use of Article 355 against the West Bengal government following widespread violence in Nandigram.

Article 355: Why it comes with a ‘Handle With Care’ warning

Depending on who’s in charge at the Centre and the state, it can mean either an offer of help or a stern warning

Under Art 355, Centre has “duty 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.”

(Source: The Indian Expres.com, 19 September, 2008)