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CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTSAn Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability$
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A. G. Noorani

Print publication date: 2006

Print ISBN-13: 9780195678291

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780195678291.001.0001

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The Centre and Law and Order in the States: Article 355 1

The Centre and Law and Order in the States: Article 355 1

(p.272) 44 The Centre and Law and Order in the States: Article 3551

A.G. Noorani

Oxford University Press

This chapter presents a description of Article 355 of the Constitution. Article 355 was not entirely born in sin, but it was conceived in murky circumstances. Article 355 reads: '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 the draft constitution submitted to the president of the assembly on 21 February 1948 no such provision existed. This was inserted a month later, but, the crucial condition that was stipulated – a prior 'request' from the state government – was dropped.

Keywords:   Article 355, External aggression, chief ministers, Centre, Government, Draft Constitution

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