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Context:

Manipur is a prime example of a constitutional failure that required the President of India to invoke Article 356.

Current Situation in Manipur

The Manipur crisis involves severe ethnic violence that erupted in May 2023, killing over 250 people and displacing more than 100,000 others.

Factors contributed to the escalation of the conflict

The state government launched an anti-drug campaign in February 2023, focusing on poppy cultivation in the hill districts. The tribals claimed that this was a trick for evicting them from their lands, and that the government favored the Meiteis community.

The Manipur High Court's order in April 2023, to speed up the recommendation to grant Scheduled Tribe (ST) status to the Meiteis ignited tribal sentiments, leading to a massive protest on May 3, 2023, that turned violent.

The violence has affected both tribal and non-tribal communities, resulting in widespread property destruction and human rights violations.

How does Manipur violence differ from past instances of violence in North-East India?

Manipur's situation is unique as it involves continuous violence between ordinary civilians, rather than insurgents or terrorists.

Civilians are victims as well as offenders of self-defense violence, promoting the cycle of violence and further disrupting law and order.

The situation is a clear case for invoking Article 356 of the Constitution, as the state's constitutional machinery has failed to maintain law and order.

Supreme Court on Manipur violence

In May 2023, the Supreme Court recorded the Solicitor General's statement that violence ended. The Court ordered the government to remain vigilant and focus on providing relief to the affected people.

In July 2023, the Court took suo motu notice of a disturbing incident involving public humiliation of women, condemning it as a grave violation of human rights.

The Court demanded that steps be taken to end the violence and prevent similar incidents in the future. It also emphasized the importance of maintaining law and order in the state.

Article 356 of the Constitution

Article 356 empowers the President to impose President's Rule in a state if the government cannot function according to constitutional provisions. It allows the President the authority to perform all functions of the state government and declares Parliament's authority over the state legislature.

Essence of "Failure of Machinery"

The term "failure of machinery" refers to a situation in which the State government is unable to function in accordance with constitutional provisions, resulting in a breakdown in governance.

Dr. B.R. Ambedkar associated the term "failure of machinery" with the Government of India Act of 1935, indicating that it refers to situations in which governance collapses completely.

Thakur Das Bhargava described it as a state in which people lose basic liberties and peace, indicating that the government has completely failed to protect citizens' rights.

K. Santhanam defined "failure of machinery" as the inability to maintain law and order due to internal disturbances or external aggression, resulting in the breakdown of constitutional governance.

Alladi Krishnaswami Ayyar stated that it is the Union's responsibility to restore constitutional order when a state's governance machinery fails.

The President can assume all state government functions, declare Parliament's authority over the state legislature, and make the necessary provisions to carry out the proclamation. However, it cannot interfere with the High Court's authority.

The proclamation requires approval from both Houses of Parliament within two months and is valid for six months. It can be extended with Parliament's approval, but it cannot be extended for more than three years unless an emergency exists, or state elections are difficult to hold.

Way Forward

The imposition of President's Rule in Manipur appears necessary given the continuous violence, ineffective governance, and breakdown of the constitutional machinery. The Union government needs to act immediately to bring peace and safety within the state and restore Law and order.

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Source:

The Hindu