Context: The Centre has taken control of security in Manipur (by allegedly invoking Article 355), deploying 12 companies of the Border Security Force (BSF) and airlifting anti-riot vehicles to the northeastern state.
- The move comes after at least ten people were killed by mobs, and several villages and community-specific urban localities were destroyed during tribal clashes.
Article 355 of the Indian Constitution:
|Definition||Article 355 empowers the Union government to protect every state in India against external aggression and internal disturbances.|
|Article 356 Vs Article 355||Article 356 empowers the President to impose President’s Rule in a state in case of a failure or breakdown of constitutional machinery, while Article 355 empowers the Union government:
· To protect every state in India against external aggression and internal disturbances
· To issue directions to any state to ensure compliance with the Union’s laws and regulations
|Part of Constitution||Part XVIII of the Indian Constitution, titled “Emergency Provisions”.|
|Principle||Based on the principle of “duty to protect” enshrined in the Constitution.|
|Restrictions||Directions can only be given when there is a failure of the state machinery to comply with or give effect to any Union law or regulation; should be of an urgent nature and may not extend beyond the necessary period for remedying the failure; state government should be given an opportunity to submit its views before issuance.|
|Duration||Not specified in the Constitution.|
|Withdrawal||Can be withdrawn by the Union government when the situation is normalized or the state government requests it to do so.|
|Circumstances of imposition||Failure of the state to comply with the Union’s directions; threat to the security of India; threat to unity and integrity of India due to violent activities by any group or organization; request for assistance from the Union to maintain public order when the situation in the state cannot be controlled by the state’s own forces.|
|Scope of judicial review||The satisfaction of the President in invoking Article 355 is subject to judicial review and can be challenged in court if it violates any fundamental rights or constitutional provisions.|
For Issues in Manipur: