Manipur as a case for imposing Article 356

The state of Manipur has been witnessing ongoing ethnic violence since May 2023, with no sign of it abating despite several interventions by the Union government. The violence has led to widespread destruction, deaths, and displacement, triggering a debate on whether the President should invoke Article 356 to dissolve the state government and impose central rule. The Supreme Court’s role in addressing the crisis has been scrutinized, with calls for immediate intervention from the President to restore peace.

Emergency Provisions and Centre-State Relations:

• Article 356 and Centre-State Relations: Article 356 of the Indian Constitution allows the President to impose President’s Rule in a state if the government in the state is unable to function according to the Constitution. This provision can be invoked even without a report from the Governor, based on the President's satisfaction. Such interventions, however, affect the delicate balance of federalism and often lead to friction between the Centre and the states.
• Constitutional Responsibility: During the Constituent Assembly debates, leaders like B.R. Ambedkar and Alladi Krishnaswami Ayyar defended the necessity of Article 356 to ensure that the Constitution’s provisions are maintained and that the Union government can step in when a state’s administration fails. The duty to uphold the Constitution and maintain law and order is paramount, and the Union government is obligated to intervene when state machinery breaks down.
• Implications on Federalism: The invocation of Article 356, though constitutionally valid, is often viewed as undermining the autonomy of states. Critics argue that such interventions are frequently politically motivated and may destabilize the functioning of state governments. The President’s role in this process is crucial, as it involves a balancing act between safeguarding national integrity and respecting state autonomy.

The Unique Situation in Manipur:

• Unprecedented Violence in Manipur: The ongoing ethnic violence in Manipur has led to over 250 deaths and the displacement of more than 1 lakh people. Unlike previous insurgencies in North Eastern states, the violence in Manipur is primarily targeting ordinary civilians, pushing them to not only become victims but also participants in self-defense due to the collapse of law and order.
• State Machinery Breakdown: Manipur presents a stark example of the failure of state governance, where law enforcement agencies have proven ineffective in controlling ethnic violence. Despite the central government's efforts under Article 355 to assist, the situation continues to worsen, showcasing the inadequacies of both state and central responses.
• Calls for Immediate Central Intervention: Given the scale of violence and the inability of the state government to restore order, calls have emerged for the invocation of Article 356. Advocates argue that President's Rule could provide the necessary framework for the restoration of peace and stability, though it may be politically controversial and constitutionally sensitive.

Supreme Court's Role and Delayed Response:

• Supreme Court’s Initial Intervention: The Supreme Court initially responded to a Public Interest Litigation (PIL), urging the Union government to maintain vigilance and address concerns related to relief and rehabilitation. Despite assurances, the Court's approach was cautious, with limited action to ensure immediate relief or justice for victims.
• Suo Motu Action by the Court: In July 2023, the Court suo motu took notice of disturbing incidents, including the parading of women naked by mobs, which it condemned as gross violations of human rights. The Court demanded accountability from the government and sought proactive measures to prevent further abuses, but the violence persisted.
• Ineffectiveness of Judicial Intervention: Despite multiple hearings and the Court's engagement, the situation in Manipur remains dire. The slow judicial process and the government’s failure to act decisively have led to questions about the effectiveness of the judiciary in enforcing constitutional rights and ensuring the protection of citizens in crisis situations.

Practice Question: 

Q. Evaluate the implications of invoking Article 356 in Manipur in the context of the failure of state machinery. How does the current crisis challenge the constitutional balance between central authority and state autonomy?