[19th November 2024] The Hindu Op-ed: Manipur as a case for imposing Article 356

PYQ Relevance:

Q) Though the federal principle is dominant in our Constitution and that priniciple is one of its basic features, but it is equally true that federalism under the Indian Constitution leans in favour of a strong Centre, a feature that militates against the concept of strong federalism. (UPSC CSE 2014)

Q) Given the diversities among tribal communities in India, in which specific contexts should they be considered as a single category? (UPSC CSE 2022)

Prelims Relevance: 

If the President of India exercises his power as provided under Article 356 of the Constitution in respect of a particular State, then (2018)
(a) The Assembly of the State is automatically dissolved. 
(b) The powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament. 
(c) Article 19 is suspended in that State. 
(d) The President can make laws relating to that State.

Mentor’s Comment:  Federal issues, state-centre conflicts, or the Northeast ethnic issues have always been the focal point for UPSC Mains and Prelims.

Today’s editorial focuses on present ethnic crises and government failure in the Manipur state. It majorly talks about the implications that we can face after the application of the President’s Rule.

We can use this content for topics like – Governance failure, Federal challenges, and Ethno-religious issues in India.

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Let’s learn!

Why in the News?

The continued violence in Manipur since May 2023 shows a failure of governance, making it necessary for the President to use Article 356, even without waiting for the Governor’s report.

About Article 356 

Provision of President’s Rule: Article 356 allows the President of India to take direct control of a state if its constitutional machinery fails, typically leading to the dissolution or suspension of the state government.
• Conditions for Invocation: It can be invoked based on the Governor’s report or if the President is otherwise satisfied that the state cannot be governed under constitutional provisions.

Why the State of Manipur Reflects a Classic Case of Failure of Constitutional Machinery?

  • Manipur exemplifies a failure of constitutional machinery due to the unabated violence that erupted in May 2023, which has led to significant loss of life and displacement.
    • The ongoing ethnic conflict between the Meitei and Kuki-Zo communities has resulted in over 250 deaths and the displacement of approximately 60,000 people, indicating a breakdown of law and order. 
  • The President of India is empowered under Article 356 to intervene when a state’s governance cannot be maintained according to constitutional provisions, and the situation in Manipur has prompted calls for such intervention.
    • The inability of both state and central governments to restore peace and protect citizens’ rights underscores this constitutional failure.

What are the Recent Issues and Challenges Related to Manipur?

  • Ethnic Violence: Continuous clashes between the Meitei and Kuki communities have resulted in significant casualties and widespread destruction.
  • Displacement: More than 60,000 individuals have been displaced from their homes, living in precarious conditions in relief camps.
  • Government Inaction: Reports indicate a lack of effective response from both state and central governments, leading to accusations of complicity or negligence.
  • Human Rights Violations: Numerous reports highlight serious human rights abuses, including gender-based violence, extrajudicial killings, and the destruction of property.
  • Political Instability: The ruling party’s inability to manage the crisis has led to calls for accountability and demands for the Chief Minister’s resignation.
What are the reasons behind the Manipur issues? 

Historical Ethnic Tensions and Insurgency: Long-standing ethnic conflicts between the Hindu Meitei and Kuki-Zomi tribal groups, fueled by land rights disputes and autonomy movements, have created a climate of mistrust and violence.
• Immediate Triggers: The Manipur High Court’s directive to consider ST status for the Meitei community sparked protests by tribal groups, escalating into violent clashes on May 3, 2023.
• Socio-Political Dynamics: Discriminatory perceptions of government policies, such as eviction drives, and the influx of Kuki refugees from Myanmar have heightened tensions over demographic shifts and resource competition.

The Supreme Court has issued several orders regarding the situation in Manipur:

  • Initial Response: On May 8, 2023, the Court acknowledged a temporary lull in violence but emphasized the need for law and order maintenance and humanitarian relief.
  • Suo Motu Action: In July 2023, following disturbing reports of sexual violence against women during the riots, the Court demanded accountability from the government for these violations and required updates on actions taken against perpetrators.
  • Continued Oversight: Despite multiple hearings (27 reported), the Court’s interventions have been criticized as slow and ineffective given the ongoing violence and human rights abuses.

Way forward: 

  • Restoring Law and Order: Deploy neutral central forces to ensure immediate cessation of violence, provide security to all communities, and expedite relief and rehabilitation efforts for the displaced.
  • Inclusive Dialogue and Policy Reform: Facilitate dialogue among ethnic groups to address grievances, implement impartial governance measures, and establish long-term frameworks to promote harmony and equitable resource distribution.

https://www.thehindu.com/opinion/lead/the-nilgiris-as-a-shared-wilderness/article68820359.ece

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