Context

• The law and order situation in West Bengal is completely broken and Article 355 of Indian Constitution should be invoked to ensure the State is governed as per the provisions of the Constitution, recently a leader in the Lok Sabha said in a letter to President Ram Nath Kovind in the wake of Birbhum violence.

Article 355 of Indian Constitution

• Article 355 refers to the provision in the Constitution that states 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 of the Constitution deals with an emergency provision by which the Centre can intervene and protect a state against external aggression or internal disturbance.

Back to Basics

• Article 352 -Proclamation of Emergency.
  • (1) If the President is satisfied that  a grave emergency exists whereby the security of India or of any part of the  territory thereof is threatened, whether by war or external aggression or armed  rebellion, he may, by Proclamation, make a declaration to that effect [in  respect of the whole of India or of such part of the territory thereof as may be  specified in the Proclamation.

    

  •  A Proclamation issued under clause (1) may be varied or revoked  by a subsequent Proclamation.
  • The President shall not issue a Proclamation under clause (1) or a  Proclamation varying such Proclamation unless the decision of the Union  Cabinet (that is to say, the Council consisting of the Prime Minister and other  Ministers of Cabinet rank appointed under article 75) that such a Proclamation  may be issued has been communicated to him in writing.
  •  Every Proclamation issued under this article shall be laid before each  House of Parliament and shall, except where it is a Proclamation revoking a  previous Proclamation, cease to operate at the expiration of one month unless  before the expiration of that period it has been approved by resolutions of both  Houses of Parliament

• Article 353–Effect of Proclamation of Emergency.—While a Proclamation  of Emergency is in operation, then—
  • (a) Notwithstanding anything in this Constitution, the executive  power of the Union shall extend to the giving of directions to any State  as to the manner in which the executive power thereof is to be exercised.
  • (b) the power of Parliament to make laws with respect to any  matter shall include power to make laws conferring powers and  imposing duties, or authorizing the conferring of powers and the  imposition of duties, upon the Union or officers and authorities of the  Union as respects that matter, notwithstanding that it is one which is not  enumerated in the Union List:

• Article 354-Application of provisions relating to distribution of revenues  while a Proclamation of Emergency is in operation.
  • (1) The President  may, while a Proclamation of Emergency is in operation, by order direct that  all or any of the provisions of articles 268 to 279 shall for such period, not  extending in any case beyond the expiration of the financial year in which such  Proclamation ceases to operate, as may be specified in the order, have effect  subject to such exceptions or modifications as he thinks fit.
  • Every order made under clause (1) shall, as soon as may be after it is  made, be laid before each House of Parliament.

Reference:

https://www.thehindu.com/news/national/invoke-article-355-in-west-bengal-over-birbhum-killings-congress-leader-writes-to-president/article65253489.ece

https://www.legalindia.com/acts/topic/article-355-of-constitution-of-india

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