In News:

=> West Bengal Congress president renewed his calls to invoke Article 355 in the state given the violence that broke out in the Birbhum district.

What’s the issue?

=> On 21st March 2022, there was a violent fight between two groups of the ruling party in Bogtui village in Birbhum district.

=> The Deputy Pradhan, Shri Bhadu Sheikh was killed and in retaliation houses in the area were attacked and set on fire resulting in 12 deaths including that of women and children. All the members belong to the minority community.

About Article 355:

=> It deals with Duty of the Union to protect States against external aggression  and internal disturbance.

=> 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.

=> There are several angles to the second part of this duty – to ensure that the Government of every State is carried on in accordance with the provisions of the Constitution.

=> The law & order angle:

1. The “public order” and “police” are state subjects and states have exclusive power to legislate on these matters.

Alleged justification of emergency:

Although this article has been seldom used; it is seen as an instrument to justify imposition of emergency under articles 352 and 356.

=> While article 352 empowers the centre to impose emergency when an armed rebellion occurs, such proclamation cannot be for internal disturbance – thus said SC in SR Bommai Case.

=> So, the Supreme Court interpretation was that article 355 itself does not give power to the centre to impose emergency because mere internal disturbance short of armed rebellion cannot justify a proclamation of emergency under Art. 352 nor can such disturbance justify issuance of proclamation under Art.