Article 259 of the Costitution of India with Case law
📘 Article 259 of the Constitution of India – Armed Forces in States in Part B of the First Schedule
🔹 Text of Article 259 (Original Provision):
"Until provision in that behalf is made by Parliament under clause (1) of Article 252, the President may, by order, direct that the armed forces of the Union shall, subject to such conditions as may be specified in the order, be enabled to exercise such powers and perform such duties as may be necessary or expedient for the purpose of ensuring that the laws in force in any Part B State are duly executed."
🛑 Important Note:
Article 259 was omitted by the Constitution (Seventh Amendment) Act, 1956.
This amendment was part of the reorganization of states, which abolished the distinction between Part A, B, and C States.
Hence, Article 259 is no longer in force and does not apply to the current constitutional framework.
📚 Background and Historical Context:
Before 1956, India had:
Part A States – former British provinces
Part B States – princely states integrated into India
Part C & D States – smaller provinces and Union Territories
Article 259 was meant to allow Union armed forces to help in administration and enforcement of laws in Part B States, which were still integrating administratively.
It gave the President temporary power to authorize such assistance until Parliament made appropriate laws under Article 252.
⚖️ Case Law Relevance:
Since Article 259 is now omitted, there are no contemporary or post-1956 case laws directly interpreting or applying it. However, related principles (use of armed forces in civil functions) are found in case law on Articles 355, 356, and 352–360.
🔹 Related Case Reference (General Theme):
🔸 Naga People's Movement of Human Rights v. Union of India, (1998) 2 SCC 109
Though not on Article 259, this case discussed deployment of armed forces and their powers under the Armed Forces Special Powers Act (AFSPA).
The SC upheld the validity of deploying Union forces in states to maintain public order but emphasized constitutional safeguards.
📝 Key Takeaways:
| Aspect | Article 259 |
|---|---|
| Status | Omitted |
| Year of Omission | 1956 (7th Amendment) |
| Purpose | Use of Union Armed Forces in Part B States |
| Present Relevance | None – Obsolete due to reorganization of States |
| Related Concepts | Article 355 (Union’s duty to protect States), AFSPA, Articles 352–356 |
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