The Supreme Court of India today, April 21, 2025, expressed reservations about intervening in the Union Government’s decision to invoke Article 355 of the Constitution in West Bengal. The petition, filed by advocate Vishnu Shankar Jain, seeks the Court’s direction to the Union Government to take action under Article 355 in response to alleged internal disturbances in Murshidabad during protests against the Waqf Amendment Act. Jain also requested permission to file an additional application in the ongoing petition, which is scheduled for hearing tomorrow.​

Justice BR Gavai, while addressing the petition, remarked, “You want us to issue a writ of mandamus to the President to impose President’s rule? As it is, we are accused of intruding into legislative and executive domains.” This comment reflects the Court’s concern over being perceived as overstepping into the functions of the executive and legislature .​

The petition is part of a broader legal challenge initiated by petitioner Shashank Shekhar Jha, who has sought a Court-monitored Special Investigation Team (SIT) to probe the violence in West Bengal. The Supreme Court has scheduled the next hearing for tomorrow to consider the petitioner’s request for invoking Article 355 and to review the additional application filed

Article 355 of the Indian Constitution imposes a duty on the Union Government 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 the Constitution. The invocation of this article is a significant constitutional measure, and its application is typically considered in situations where there are serious concerns about the governance and stability of a State.​

The Supreme Court’s cautious approach underscores the delicate balance between judicial intervention and the autonomy of the executive and legislature in matters of governance. The outcome of this case may have implications for the interpretation and application of Article 355 in future instances of alleged internal disturbances.​

Sources