The ongoing violence in Manipur, which has resulted in over 250 deaths and displacement of over a lakh of people, has sparked debate regarding the invocation of Article 356 (President Rule) of the Indian Constitution.
Current Situation in Manipur
- Escalating Ethnic Violence:
- Ongoing ethnic violence since May 2023.
- Over 250 deaths and more than a lakh displaced.
- Impact on Civilians:
- Ordinary people caught in violence, with many forced to defend themselves.
- Widespread destruction of homes, temples, and churches.
- Incidents of Sexual Violence:
- Disturbing cases of sexual violence, including the public assault of women.
- Recent case of a mother of three was raped and killed in November 2024.
- Failure of State Governance:
- The state government has been unable to restore law and order.
- Multiple efforts from the Union government have proven ineffective.
- Human Rights Violations:
- Fundamental rights, including safety and dignity, severely compromised for civilians.
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Thus, due to the above situation, there is a growing demand for the invocation of Article 356 to impose President’s Rule as need for central intervention is being felt to restore peace and order.
Article 356
- Article 356 of the Indian Constitution, often referred to as the “President’s Rule,” allows the President to dissolve a state government and assume direct control if the government machinery in that state fails.
- The President can proclaim President’s Rule if:
- She/he is satisfied that the state government cannot function in accordance with the Constitution.
- The President can act on a report from the state Governor or without the Governor’s report.
Historical Context: Constituent Assembly Debates
- B.R. Ambedkar’s Explanation: Dr. Ambedkar argued that Article 356 was meant to address situations where the constitutional machinery breaks down.
- He emphasised the President’s responsibility to act, even in the absence of a report from the Governor, if the situation warranted such intervention.
Supporters’ Arguments for Article 356:
- Alladi Krishnaswami Ayyar emphasised that the Union must intervene to ensure the state adheres to constitutional norms and maintains law and order when necessary.
- K. Santhanam highlighted its importance in handling breakdown of law and order.
- Thakur Das Bhargava highlighted that if the state’s machinery fails and people are deprived of basic liberties, the Union’s intervention is necessary to protect their rights and ensure peace
Opposition: While some like H.V. Kamath opposed the provision, seeing it as an unconstitutional interference. |
Role of the Supreme Court in Manipur Crisis
- Initial Intervention (May 2023): The Supreme Court took notice of the situation in Manipur on May 8, 2023, following reports of widespread violence.
- The Solicitor General assured the Court that measures were being taken to restore normalcy and prevent further violence.
- The Court called for vigilance against violence recurrence.
- Suo Motu Action (July 2023): The Court took suo motu (on its own) notice of disturbing media reports, including incidents of sexual violence, such as the parading of women by a mob on May 4, 2023.
- It expressed deep concern over the gross constitutional violations and human rights abuses, stressing the need for immediate accountability and preventive measures.
- Criticism of the intervention: Despite 27 hearings, the Court’s intervention has been criticised as slow and ineffective in halting the ongoing violence.
- The Supreme Court issued directives for accountability, but violence continued in the state, showing limited impact from its orders.
- The Court has demanded that the government take proactive steps to address the violence and provide proper relief to the victims, but tangible results have been lacking.
Case for Imposing Article 356 in Manipur
- Unlike insurgency-driven violence in other regions like Jammu and Kashmir, this violence involves ordinary civilians caught in inter-ethnic conflicts, which has made it difficult for the state government to maintain law and order.
- Article 355 mandates that the Union is obligated to assist the states in maintaining law and order.
- In the case of Manipur, despite some intervention, the Union government has been unable to effectively stop the violence, demonstrating the need for direct federal intervention.
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Conclusion
Manipur’s ongoing crisis highlights a clear failure of constitutional machinery. While Article 356 has been criticised for being misused in the past, the current situation demands its invocation to restore peace, justice, and constitutional order.
November 19, 2024
