SC on Article 355 & Judicial Overreach

Source: The Hindu – 22nd April 2025, Page 1 & 10

Understanding Article 355

• Text of Article 355:
  “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.”
• Nature of Provision:
  • It is directive and declaratory, not self-executing.
  • It does not provide automatic grounds for judicial enforcement.
  • Any action under it must conform with Article 356 (President’s Rule), which requires satisfaction of breakdown of constitutional machinery.

Key Judicial Observations

• The Court observed that it cannot compel the Union to invoke Article 355 or interfere in executive functions.
• It stressed the principle of separation of powers, wherein:
  • Executive decides when to act under Article 355/356.
  • Judiciary can only step in post-facto for constitutional review.
• It also connected the issue with ongoing discussions about the limits of judicial intervention, especially in governor-state relations.

The Larger Constitutional Debate

• The April 8 verdict addressed a situation where the Governor of Tamil Nadu delayed assent to 12 State Bills.
• The SC used Article 142 to declare 10 of those Bills as deemed assented—raising questions on whether the Court was overstepping into the executive domain.
• Vice-President Jagdeep Dhankhar criticized this move, calling it “judicial overreach”.

Implications for Indian Polity

1. Centre–State Dynamics: Clarifies the non-interventionist role of the judiciary in invoking emergency provisions like Article 355, which remain the prerogative of the executive.
2. Checks and Balances: Strengthens the principle that judiciary must remain within its domain, ensuring accountability without encroachment.
3. Federalism: Ensures that emergency powers are not misused or triggered lightly, protecting States from arbitrary intervention.
4. Democratic Governance: Reinforces the idea that Governors and the Union must act within constitutional limits, not undermine State legislatures.