Restoring Constitutional Order in Manipur

Source: This post on Restoring Constitutional Order in Manipurhas been created based on article “Restoring constitutional order in Manipur” published in The Hindu on 30^th December 2024.

UPSC Syllabus topics: GS 3- Internal security

Context: The article addresses the ongoing ethnic violence in Manipur, India, and the response or lack thereof from key institutional actors, particularly the judiciary and executive branches. The article critiques the Supreme Court’s inconsistent and episodic interventions in addressing the crisis, emphasizing the need for sustained judicial oversight and comprehensive measures to restore constitutional order and rebuild public trust. Restoring Constitutional Order in Manipur

What has led to the Supreme Court’s intervention in Manipur?

1. The ethnic violence in Manipur and the executive’s failure to act decisively have forced the judiciary to step in.
2. However, the Supreme Court’s response has been sporadic and often ineffective in holding the executive accountable.
3. In 2024, the Supreme Court conducted only six hearings on the main batch of petitions concerning Manipur.
4. Despite escalating violence, it did not pass significant orders, with the only notable action on December 9 when it sought details on destroyed and encroached properties.

What unprecedented issues have emerged in Manipur since May 3, 2023?

1. Demographic and geographical separation: Enforced through a militarized buffer zone.
2. Surrender of state authority: Armed militant groups dominate law and order.
3. Illegal oaths:ArambaiTenggol administered hateful ethno-cultural oaths to legislators.

How has the Supreme Court addressed these issues?

1. While it responded to some incidents in 2023, such as the viral video of tribal women being assaulted, its actions in 2024 have been largely absent.
2. For example, trials for key cases like the sexual assault and parade of two tribal women are yet to begin, despite CBI filing chargesheets in October 2023.

What directions did the Supreme Court issue on August 7, 2023?

1. Relief and rehabilitation committee: Led by Justice Gita Mittal, comprising three retired judges.
2. Special Investigation Teams (SITs): Formation of 42 SITs across six groups, headed by a retired Director-General of Police and staffed by CBI officers.

Have these measures been effective?

1. The relief committee’s functioning has been largely mechanical.
2. SITs have filed chargesheets for only 6% (192 cases) of 3,023 registered cases by November 20, 2024.
3. Additionally, many IPS officers in SITs have sought repatriation, undermining the structure.

What steps should the Supreme Court take to restore trust and the rule of law?

1. Transfer trials outside Manipur: To ensure impartiality and fair proceedings.
2. Improve SIT transparency: Regular updates for petitioners and victims’ families.
3. Constitute a bipartisan High-Powered Commission:
   1. Include eminent persons from both communities.
   2. Task it with investigating and reporting directly to a Special Bench of the Supreme Court.
4. Special Bench for Manipur cases: Handle cases related to ethnic violence exclusively.

Why are these measures critical?

1. The lack of effective judicial action and governance has deepened feelings of neglect and eroded trust in the rule of law.
2. These steps can provide Manipur with a much-needed healing touch and restore constitutional order.