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Article 355 used mostly when Cong in power at Centre

TimePublished on Fri, Sep 19, 2008 at 13:40 in Nation » India section

THE SIGNIFICANCE: Article 355 is generally seen as a first step towards the dismissal of a state govt.

THE SIGNIFICANCE: Article 355 is generally seen as a first step towards the dismissal of a state govt.


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New Delhi: Sending out a strong political statement, the Home Ministry issued a warning under Article 355 that it would be compelled to take action against the state governments if violence did not cease.

According to Article 355, it is the duty of the Centre to protect against external aggression and internal disturbance and also to ensure that the government of every state is carried on in accordance with provisions of the Constitution.

Article 355 is believed to be the first step to imposition of President's Rule based on the Governor's report of failure of constitutional machinery

It is one of the three controversial Emergency provisions in the Constitution. It empowers the Centre to directly intervene in a state to restore order.

Theoretically, it may be used when a state is threatened by external aggression or internal disturbances.

In practice, though its a warning message to the state government that the Centre is ready to intervene in the administration of the state if necessary.

Although used very rarely, Article 355 is generally seen as a first step towards the dismissal of the state government under Article 356. Article 356 has been used 110 times in the past to dismiss state governments, mostly when the Congress was in power at the Centre.

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