On Obligation of the Union to protect States from external aggression and internal disturbance

Concern for the unity and integrity of India is the rationale for the obligation put on the Union to protect States even against internal disturbances, which ordinarily is a matter for the states to handle. This obligation is coupled with the power to enforce that duty, if necessary without any request coming from the State. This is consistent with the federal scheme of the Constitution. A whole range of action on the part of the Union is possible under this power depending on the circumstances of the case as well as the nature, timing and the gravity of the internal disturbance. The Union can advise the State on the most appropriate deployment of its resources to contain the problem. In more serious situations, augmentation of the States' own efforts by rendering Union assistance in men, material and finance may become necessary. If it is a violent or prolonged upheaval (not amounting to a grave emergency under Art. 352), deployment of the Union forces in aid of the police and magistracy of the State may be adopted to deal with the problem. Action to be taken may include measures to prevent recurring crisis.

When a situation of public disorder aggravate into an internal disturbance as envisaged in Art. 355, justifying Union intervention is a matter that has been left by the Constitution to the judgement and good sense of the Union Government. Though this is the legal position, in practice, it is advisable for the Union Government to sound the State Government and seek its co-operation before deploying its Forces in a State.

S.R. Bommai V.s. Union of India

♤ The verdict concluded that the power of the President to dismiss a State government is not absolute. The President should exercise the power only after his proclamation (imposing his/her rule) is approved by both Houses of Parliament. Till then, the Court said, the President can only suspend (not dissolve) the Legislative Assembly by suspending the provisions of Constitution relating to the Legislative Assembly.

♤ It also categorically ruled that the floor of the Assembly is the only forum that should test the majority of the government of the day, and not the subjective opinion of the Governor.

When an external aggression or internal disturbance paralyses the State administration creating a situation of a potential break down of the Constitutional machinery of the State, all alternative courses available to the Union for discharging its paramount responsibility under Article 355 should be exhausted to contain the situation and the exercise of the power under Art. 356 should be limited strictly to

rectifying a "failure of the Constitutional machinery in the State".

On the question of invoking Article

356 in case of failure of Constitutional machinery in States, suitable amendments to incorporate the guidelines should be set forth as per the landmark judgement of the Supreme Court in