Manipur Crisis: Constitutional Breakdown, Judicial Delays, and Government Inaction

Source: The post Manipur Crisis: Constitutional Breakdown, Judicial Delays, and Government Inaction has been created, based on the article “Manipur as a case for imposing Article 356” published in “The Hindu” on 19th November 2024

UPSC Syllabus Topic: GS Paper 2-Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure

Context: The article discusses the ongoing violence in Manipur since May 2023. It argues that the constitutional machinery has failed, urging the President to invoke Article 356 for central intervention to restore peace, citing historical debates and constitutional obligations. Manipur Crisis: Constitutional Breakdown, Judicial Delays, and Government Inaction

For detailed information on Manipur unrest and its impact on regional security read this article here

What is the current situation in Manipur?

1. Since May 2023, Manipur has faced severe ethnic violence.
2. Over 250 people have been killed, and more than a lakh displaced. Houses, temples, and churches have been destroyed.On November 9, 2024, a mother of three was raped and killed, and 17 houses were burned.
3. Unlike insurgencies in Nagaland or Mizoram, violence in Manipur involves ordinary people as both victims and perpetrators.People are forced to defend themselves, escalating the unrest.

What is the meaning of the expression “failure of machinery”?

1. The term “failure of machinery” refers to a situation where the State government is unable to function according to constitutional provisions.
2. Dr. B.R. Ambedkar linked this phrase to the Government of India Act, 1935, indicating situations where governance collapses entirely.
3. K. Santhanam described it as the inability to maintain law and order due to internal disturbances or external aggression.
4. Thakur Das Bhargava explained it as a state where people lose basic liberties and peace.
5. Alladi Krishnaswami Ayyar stated it is the Union’s duty to restore constitutional order.

What does the Constitution say about such situations?

1. Article 356 allows the President to intervene when a State government cannot function as per the Constitution.
2. Dr. B.R. Ambedkar stated that this provision is essential during constitutional breakdowns.
3. Article 355 obliges the Union to assist States in maintaining constitutional order.
4. The President of India can act under Article 356 when a State’s constitutional machinery fails.

How has the Supreme Court responded?

1. On May 8, 2023, the Supreme Court recorded that violence had decreased temporarily but emphasized the need for law and order and rehabilitation.
2. By July 2023, the Court was alarmed by incidents like women being paraded naked.
3. Despite 27 hearings, the Supreme Court’s intervention has been criticized as slow and ineffective.

Why has the government been criticized?

1. Prime Minister’s Role: The Prime Minister has been criticized for not taking decisive action to ensure peace, harmony, and justice.
2. Constitutional Duty Ignored: Article 355 obliges the Union to assist states during constitutional breakdowns, but it failed to fulfill this responsibility effectively.
3. Critics argue that the lack of proactive measures undermines citizens’ fundamental rights to life, liberty, and dignity.

What are the key takeaways?

1. Manipur’s situation highlights constitutional failure, judicial delays, and government inaction.
2. Immediate central intervention is required to restore peace, justice, and fundamental rights.
3. This crisis demands decisive leadership and proactive measures.

Question for practice:

Examine how the constitutional provisions and the roles of the judiciary and executive have been implemented or neglected in addressing the ongoing crisis in Manipur.