The political turmoil persists in West Bengal after 8 people were burnt alive by a mob in the Birhum district of the state. The Calcutta High Court has probed a CBI enquiry identifying the murder as an “undisputed shocking incident” that “has shaken the conscience of society”. The opposition parties in the state have used this opportunity to attack the governing Trinamool Congress and the chief minister of the state Mamata Banerjee.
Escalating the political warfare, Congress leader in the Lok Sabha, Adhir Ranjan Choudhury in a letter to President Ramnath Kovind urged for the imposition of Article 355 in West Bengal. He said that the law and order situation is completely broken in the state and imposition of Article 355 will ensure that the State is governed as per the provisions of the Consitution.
This is not the first time a demand like this has arisen in West Bengal. The state which has a history of political violence has been under the radar for similar incidents of political rivalries leading to murders.
Last year, a petition was filed by Bharatiya Janata Party spokesperson, Guava Bhatia in the Supreme court demanding imposition of Article 356 in the state pointing out at the post-poll violence taking place in the State.
What is Article 355 and 356, and what is the relationship between them?
Article 355 of the Indian constitution 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.”
In other words, it is an emergency provision that gives the centre the power to intervene and protects the state in cases of internal disturbance such as communal violence or if it concluded that the state is unable to maintain the law and order situation. Another situation if there is an external threat to the state. The provision is to ensure that the state is functioning in accordance with the provisions of the Constitution. In several cases, Article 355 acts as a precursor to Article 356.
Article 356 is popularly known as the President’s rule or State emergency. According to this article, President’s rule can be imposed on the grounds of failure of constitutional machinery. This can happen by two methods. The first one is when the President receives a report from the Governor of the state convincing that the state is unable to govern according to the provisions of the government. Second, is the power given to the President in the form of Article 365 which allows the President to assess the relationship between the state and the centre and if the state fails to comply with the directions given by the Centre, the President can proclaim an emergency in the state.
History of imposition Article 355 and 356 in India
There have been several instances in history where the centre has exercised its power and imposed articles 355 and 356 in the states.
The union territory of Jammu and Kashmir was under the President’s rule from December 19, 2018, after the coalition government People’s Democratic Party led by Mehbooba Mufti collapsed. It was under the President’s rule when Jammu and Kashmir was declared a Union Territory after the abrogation of Article 370 on August 5, 2019.
Karnataka as a state has gone through the imposition of the President’s rule several times. Majority of the time because the governing party has been unable to sustain the majority in the assembly. The famous S.R Bommai v/s the Union of India became a milestone in determining the implications of article 356.
Other states that have come under the President’s rule include Arunachal Pradesh from December 2015 to February 2016, Delhi after chief minister Arvind Kejriwal resigned from 2014 to 2015.
Prime Minister Indira Gandhi’s assassination had put the state of Punjab in a vulnerable situation where the riots had broken out between the Sikh community and the Hindu community, this led to a 4 year long President’s rule in the state from 1987 to 1992.
Maharashtra was under the President’s rule for the third time from September to October of 2014 after chief minister Prithviraj Chauhan resigned breaking away from the 15-year-old alliance between Congress- NCP in the state.
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