Article 355: State of Emergency vs. Federal Supremacy

Most students fall prey to this question by thinking it's a straightforward question about Article 355. They'll say state can't discriminate against a particular state, federal supremacy prevails. But hold on, it's not that simple. The key is understanding the 'aid and advice' doctrine. Most students get carried away with the idea of state's rights and powers under Article 355, but they forget that it's conditional upon the Governor giving or refusing 'aid and advice' to the state Govt. The real crux lies in whether the Governor has a discretion to choose which 'aid and advice' to give. Most likely, you'll be given a situation where the Governor is refusing 'aid and advice' to a state, and you need to decide whether that's constitutional. Think again before blindly saying federal supremacy.