CENTRE’S RESPONSIBILITIES AND
INTERNAL DISTURBANCE WITHIN STATES
MRIDULA HARENDRA PANDEY
L.L.M. (Criminal Group) – Semester 1
Roll No. 2
INTERNAL DISTURBANCE
The term is not defined.
Only explanation is found in Para 6 of Statement of Objects
and Reasons of the 44th Amendment wherein ‘internal
disturbance’ was substituted with ‘armed rebellion’ –
“..... Internal disturbance not amounting to armed rebellion
would not be a ground for the issue of a Proclamation.”
DUTY OF THE UNION
Art. 355 states –
“It shall be the duty of the Union
i. to protect every State
ii. against external aggression and
iii. internal disturbance and
iv. to ensure that the Government of every State is carried on
in accordance with the provisions of this Constitution.”
STEPS TO FULFILL THE DUTY?
Borrowed from Sec. 93 of the Government of India Act,
1935.
Art. 356 of the Constitution of India provides the Indian
President, the power to suspend state government and impose
President’s rule on any state in the country –
“if he is satisfied that a situation has arisen in which the
government of the state cannot be carried on in accordance
with the provisions of the Constitution”.
POLITICAL MISUSE OF ARTICLE 356
Even though B.R. Ambedkar had assured that it would
remain a dead letter, Sarkaria Commission Report, 1987
states that Art. 356 has been invoked 100 times.
Present day situation, Article 356 has been used/misused
more than 125 times.
Mostly for political considerations rather than any genuine
breakdown of constitutional machinery in the States.
SAFEGUARDS TO ARTICLE 356
S.R. Bommai v. Union of India (1994)
The 1994 Supreme Court majority decision, in essence, overturned a long
tradition that the use of Article 356 was not really subject to review by courts, a
doctrine articulated in a landmark 1977 case,
State of Rajasthan vs Union of India.
The Bommai case verdict laid down the conditions under which State
governments may be dismissed, and mechanisms for that process.
In the S.R. Bommai case, a nine-member bench of the Supreme Court construed
the scope of Article 356, which also allows the imposition of President’s Rule in
the States, with stringent conditions.
Naga People’s Movement of Human Rights v. Union of India.
It was held therein that though an internal disturbance is cause for
concern, it does not threaten the security of the country or a part
thereof unlike an armed rebellion which could pose a threat to the
security of the country or a part thereof.
Since the impact of a proclamation of emergency under Article 352 of
the Constitution is rather serious, its invocation is limited to situations
of a threat to the security of the country or a part thereof either through
a war or an external aggression or an armed rebellion, but not
an internal disturbance.
To put it negatively, an internal disturbance is not a ground for a
proclamation of emergency under Article 352 of the Constitution.
Extra Judicial Execution Victim Families v. Union of India
Link to the judgement – https://indiankanoon.org/doc/83144198/
Relevant Paragraphs – 5, 6, 10, 11, 12, 15, 79, 83, 84, 92, 111,
113, 116
The court held that –
“.....An internal disturbance is not equivalent to or akin to a
war-like situation and proceed on the basis that there is no war or
war-like situation in Manipur but only an internal disturbance,
within the meaning of that expression in the Constitution - nothing
more and nothing less.”
Para 92 of Extra Judicial Execution case
“This discussion is intended to lay down three broad principles:
The public order situation in Manipur is, at best, an internal
disturbance. There is no threat to the security of the country or a
part thereof either by war or an external aggression or an armed
rebellion. For tackling the internal disturbance, the armed forces of
the Union can be deployed in aid of the civil power. The armed
forces do not supplant the civil administration but only supplement
it.
The deployment of the armed forces is intended to restore
normalcy and it would be extremely odd if normalcy were not
restored within some reasonable period, certainly not an indefinite
period or an indeterminate period. Statutory provisions”
WHAT HAPPENS WHEN THE STATE FAILS?
Art. 365 - Effect of failure to comply with, or to give effect to, directions
given by the Union –
Where any State has failed to comply with or to give effect to any directions
given in the exercise of the executive power of the Union under any directions
given in the exercise of the executive power of the Union under any of the
provisions of this Constitution, it shall 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 this Constitution
THANK YOU
