Context: Considering the law and order situation in West Bengal, some politicians demanded the invoking of Article 355 to ensure the State is governed as per the provisions of the Constitution.

About Article 355
It states that-

• “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.”

Cases for its invocation

• This article thus comes handy when there are communal violence incidents. Over the period, this article has gained a different texture.
• We know that the “public order” and “police” are state subject and states have exclusive power to legislate on these matters.
• These subjects were entrusted to states because states would be in better position to handle any law and order problem.
• Management of Police by states was also seen as administratively convenient and efficient.
• However, there might be some circumstances where states are unable to maintain public order and protect people.
• In such situation, centre can invoke article 355 and take measures such as taking law and order of state under its own hand, deployment of military etc.

Relation Between Article 356 and Article 355

• It is this duty in the performance of which the centre takes over the government of a state under Article 356 in case of failure or breakdown of constitutional machinery in a state. This is popularly known as ‘President’s Rule’.

Grounds of imposition: the president’s ruler can be proclaimed under Article 356 on two grounds:

• Article 356 empowers the President to issue a proclamation if he is satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the constitution.
• Article 365 says that whenever a state fails to comply with or to give effect to any direction from the centre, it will be lawful for the President to hold that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the constitution.

Parliamentary approval and duration: A proclamation imposing the president's rule must be approved by both the houses of parliament within two months from the date of its issue.

Impact of Emergencies on Fundamental Rights

• Articles 358 and 359 describe the effect of a National Emergency on the Fundamental Rights. These two provisions are explained below:
• Suspension of Fundamental rights under Article 19: According to Article 358, when a proclamation of National Emergency is made, the six fundamental rights under Article 19 are automatically suspended.
• Suspension of other Fundamental Rights: Under Article 359, the President is authorised to suspend, by order, the right to move any court for the enforcement of Fundamental Rights during a National Emergency.

However it should be noted that Fundamental Rights are not affected during President’s Rule and Financial Emergency.