Identify the two situations of Emergency mentioned in the Article 355 of the Constitution

Question

Accepted Answer

The correct option is 3:

Article 355 of the Indian Constitution is a pivotal provision that outlines the fundamental duty of the Union Government regarding the States. This article is titled "Duty of the Union to protect States 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." It acts as a foundational clause for imposing 'President's Rule' (Article 356) in a State, as it defines the two critical threats against which the Union must protect the states: **External aggression** and **Internal disturbance**. These two phrases represent the core situations where the constitutional machinery of a state is potentially under threat, necessitating Union intervention. It is crucial to note that while Article 352 (National Emergency) uses the phrase "War, External Aggression, or Armed Rebellion," Article 355 uses the terms "External aggression and internal disturbance" to mandate the Union's protective duty to safeguard constitutional governance in the states.

The incorrect option is 1 (War and External aggression):
While Article 352 (National Emergency) uses 'War' and 'External Aggression' as grounds, Article 355 uses the term 'External aggression' but pairs it with 'Internal disturbance', not 'War'. 'War' is a broader concept, but the specific legal duty in Article 355 focuses on the two enumerated phrases to define the scope of the Union's protective function over the states, which are 'external aggression' and 'internal disturbance'.

The incorrect option is 2 (War and Armed rebellion):
This option lists two grounds for National Emergency under Article 352 (National Emergency), but it does not align with the specific language of Article 355. Furthermore, the 44th Constitutional Amendment Act replaced the term 'internal disturbance' in Article 352 with 'armed rebellion' to prevent its misuse; however, this change was for Article 352. Article 355 retains the original wording: 'external aggression and internal disturbance' as the basis for the Union's protective duty.

The incorrect option is 4 (Internal disturbance and Armed rebellion):
This combination incorrectly mixes the phrasing from Article 355 and the amended Article 352. Although 'Internal disturbance' is in Article 355, 'Armed rebellion' is a term used for the National Emergency provision (Article 352) after the 44th Amendment (1978). Article 355 has remained unamended with respect to the terms defining the situations requiring Union protection, which are explicitly "external aggression and internal disturbance." Therefore, replacing 'external aggression' with 'armed rebellion' makes this option incorrect in the context of Article 355.