Manipur as a case for imposing Article 356. The Hindu Editorial Explanation 19th November 2024.

This article explains the ongoing crisis in Manipur, where ethnic violence has caused immense suffering, and discusses how the government and the Constitution can respond to such a situation. It highlights the failure of governance in the state, the role of the judiciary, and the need for immediate action by the President of India under Article 356 of the Constitution.

The Crisis in Manipur

Since May 2023, Manipur has been experiencing severe ethnic violence that continues without any resolution. Over 250 people have been killed, more than 100,000 have been displaced, and countless homes, temples, and churches have been destroyed. Ordinary citizens are living in constant fear, and some have been forced to take part in violence to protect themselves. Disturbing incidents, like women being paraded naked and assaulted, have shocked the nation and highlighted the failure of the government to control the situation.

What is Article 356?

The Indian Constitution allows the President to act under Article 356 when a state government fails to function according to the law. This article, also known as “President’s Rule,” enables the President to take control of the state’s administration without waiting for a formal report from the Governor. The President can act if they are convinced that the situation in the state cannot be managed as per constitutional norms.

Historical Context of Article 356

During the drafting of the Constitution in 1949, Article 356 was debated extensively. Some leaders opposed it, calling it dangerous and excessive, while others argued it was essential to manage situations where state governments collapse. Dr. B.R. Ambedkar explained that this article should only be used in extreme cases to protect the Constitution. He also emphasized that the President must act responsibly and cautiously when invoking it.

Challenges in Manipur

Manipur’s crisis is unique because it involves not just insurgency but widespread violence among ordinary citizens. This situation is different from earlier issues in Nagaland, Mizoram, or Jammu and Kashmir. Here, common people are both victims and, in some cases, participants in the violence, which shows a complete breakdown of law and order.

The Role of the Judiciary

The Supreme Court of India has been involved in addressing the crisis. In May 2023, it heard a petition about the violence and stressed the need for law and order, relief, and rehabilitation. However, despite 27 hearings and government assurances, the violence continues. The Court expressed deep concern about incidents of sexual violence, calling them unacceptable in a constitutional democracy. Yet, its intervention has been slow and ineffective, raising questions about its ability to safeguard fundamental rights.

Criticism of the Central Government

The central government, led by Prime Minister Narendra Modi, has faced criticism for failing to stop the violence. The article argues that the government has not acted decisively to bring peace, harmony, and justice to Manipur. It states that the government should have taken strong measures long ago to protect the people and restore order.

The Need for Presidential Intervention

The article calls for immediate action by the President of India under Article 356. It argues that Manipur’s state government has completely failed and that invoking President’s Rule is the only way to restore peace and stability. While Article 356 has been misused in the past, this case justifies its use to protect the people of Manipur.

Conclusion

In summary, the article highlights the failure of the state government, the central government, and the judiciary to address the ongoing violence in Manipur. It emphasizes the urgent need for the President to step in and use Article 356 to bring stability, protect lives, and uphold constitutional values. The situation demands immediate action to end the suffering and restore peace in the state.

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