Legal Reasoning Questions for CLAT | QB Set 57

Article 355 of the Constitution of India places a constitutional obligation on the Union to protect every State against external aggression and internal disturbance. This ensures that the sovereignty, unity, and security of the country are maintained. External aggression refers to threats or attacks from foreign entities, while internal disturbance includes situations like riots, insurgency, or breakdown of law and order within a State.

The provision also mandates the Union to ensure that the governance of each State is carried out in accordance with the Constitution. This means that if a State government fails to function constitutionally, the Union has a responsibility to intervene and restore constitutional order. It acts as a safeguard against misuse of power or failure of governance at the State level.

Article 355 serves as the foundation for further constitutional actions, including the imposition of President’s Rule under Article 356. It reflects the balance between State autonomy and Union responsibility, ensuring that federalism operates within the framework of constitutional supremacy.

Q1. In the State of Arunpradesh, foreign militants cross the border and attack villages, causing severe panic among residents. The State government struggles to respond effectively. What is the Union’s constitutional duty in this situation?

A. The Union must intervene to protect the State from external aggression and ensure national security.
B. The Union should wait for a formal request from the State before taking any action.
C. The Union can only provide financial aid without directly involving security forces in response.
D. The Union has no authority as law and order is solely a State subject.

Q2. In the State of Vindhyanchal, widespread riots break out, and the State government fails to control internal violence. Public order collapses. What does Article 355 require the Union to do?

A. The Union must immediately impose President’s Rule without assessing the State’s situation first.
B. The Union should ignore the disturbance as it falls entirely under State jurisdiction.
C. The Union has a duty to protect the State against internal disturbance and restore stability.
D. The Union may only send advisory letters without taking any practical or administrative action.

Q3. In the State of Dakshinagarh, the government starts functioning in violation of constitutional provisions, ignoring judicial directions and legal procedures. What responsibility does the Union have?

A. The Union must dissolve the State legislature immediately without any constitutional evaluation process.
B. The Union should allow the State to function independently without any constitutional interference.
C. The Union can only monitor the situation without taking any corrective constitutional measures.
D. The Union must ensure that the State government operates in accordance with constitutional provisions.

Q4. In the State of Uttarvan, insurgent groups disrupt governance, and administrative machinery collapses completely. The State government is unable to function effectively. What is the correct constitutional position?

A. The Union should provide only economic assistance and avoid involvement in administrative matters.
B. The Union has a duty to protect the State and ensure governance follows constitutional provisions.
C. The Union must permanently take over the State without following any constitutional procedure.
D. The Union should not intervene as internal disturbances are outside its constitutional responsibility.

Q5. In the State of Paschimdeep, minor protests occur but the State government remains functional and constitutional. The Union considers intervention. What is the correct approach under Article 355?

A. The Union must intervene immediately in every situation of public protest regardless of severity.
B. The Union should impose President’s Rule even if the State government is functioning properly.
C. The Union should not intervene unnecessarily as there is no serious threat or disturbance.
D. The Union can dissolve the State government solely based on political differences or disagreements.

Answers with Explanations

Q1. Answer: A
Article 355 clearly imposes a duty on the Union to protect States from external aggression. When foreign militants attack, it directly falls under this duty. The Union can deploy armed forces and take necessary action to safeguard the State and national security.

Q2. Answer: C
Internal disturbances such as riots fall within Article 355. The Union must act to restore peace and stability, especially when the State machinery fails. However, this does not automatically mean President’s Rule; intervention can be through support and assistance.

Q3. Answer: D
Article 355 requires the Union to ensure that State governance is carried out in accordance with the Constitution. If a State violates constitutional provisions, the Union has a responsibility to intervene and restore constitutional order.

Q4. Answer: B
When governance collapses due to internal disturbances like insurgency, the Union must step in under Article 355. Its role is to protect the State and ensure constitutional governance, which may later justify further action like Article 356 if required.

Q5. Answer: C
Article 355 does not justify unnecessary intervention. If the State government is functioning constitutionally and disturbances are minor, the Union should respect State autonomy and avoid interference, maintaining the balance of federalism.