Home The Constitution Part XVIII Article 355

Art. 355 Part XVIII: Emergency Provisions

Duty of the Union to Protect States Against External Aggression and Internal Disturbance

Exact text — Constitution of India

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.

In Plain English

What this Article actually means

This Article establishes the Union's affirmative constitutional DUTY — not just a discretionary power — to protect states from external and internal threats, and to ensure every state's government functions constitutionally. This duty is the stated justification most commonly invoked for triggering Article 356 (President's Rule) when a state's constitutional machinery is said to have broken down.

Why This Matters To You

How it shows up in everyday life

This Article is cited far more often in practice than Article 352 (National Emergency) — it's the constitutional hook the Union typically relies on to justify President's Rule interventions in individual states, making it one of the most consequential (and, historically, most politically contested) provisions in this Part.

Landmark Cases

How courts have interpreted this Article

S.R. Bommai v. Union of India(1994) 3 SCC 1 — While centrally about Article 356, this landmark ruling also clarified that Article 355 defines a genuine duty, not an unlimited discretionary power to intervene in state affairs — the Union's action under 355/356 remains subject to judicial review for its constitutional basis. Verify this case

Read alongside this one

Art. 356 — Failure of Constitutional Machinery in a State

Frequently Asked

Quick answers about Article 355

Does Article 355 by itself let the Union take over a state's administration?

Not directly — Article 355 states the Union's protective duty; the actual mechanism for taking over a state's administration (President's Rule) is Article 356, which is what's typically invoked citing this duty as justification.

← PreviousArticle 354: Application of Provisions Relating to Distribution of Revenues While a Proclamation of Emergency Is in Operation Next →Article 356: Provisions in Case of Failure of Constitutional Machinery in States

The text above reproduces Article 355 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.