Bloody violence: Dozens of houses lay vandalised and burnt during ethnic clashes and rioting in Sugnu, in the northeastern Indian state of Manipur. — AP
THE prolonged bloody ethnic violence in Manipur bringing in its wake horrendously shameful atrocities on women continues to send shock waves across the country.
A bench headed by India’s chief justice, DY Chandrachud, was so deeply concerned it directed India’s state and union government (central government) to take immediate action.
At the time of writing, the situation in Manipur is yet to be discussed in either House of Parliament as the government and the opposition are at loggerheads over the rule under which the discussions should take place.
Till then, the opposition continues to stall the proceedings of Parliament. Despite the wrath and deep sense of anguish expressed by the prime minister, peace continues to elude Manipur.
While India’s Parliament is embroiled over the form of discussion, the European Parliament, the British House of Commons and many nations have expressed deep concern over the blood-curdling incidents and the raging violence in Manipur. There are reports that a certain community is being targeted in Mizoram threatening them to flee back to Manipur.
Portraits of victims who lost their lives during ethnic clashes and empty coffins are kept at a memorial in Churachandpur district in the northeastern state of Manipur. Conflict erupted in May between the predominantly Hindu Meitei majority and the mainly Christian Kuki in the state. — AFP
The federal structure of the Indian nation runs on double engine, yet the federal engine is empowered to check, guide and overhaul the state engine if it does not work smoothly or fails to work. Manipur has a popular government and, incidentally, a double engine government.
There is widespread outrage and discontent against the Manipur government for having miserably failed to control unprecedented ethnic violence and to maintain peace and tranquility across the State.
Not only the opposition but even the public spirited citizens and some members of the legislative assembly of Manipur have been demanding central intervention. Ordinarily, central intervention is viewed with suspicion, especially the imposition of Article 356 when a popular government is sacked or the Assembly is kept in suspended animation.
(Under Article 356 of the Constitution of India, if a state government is unable to function according to Constitutional provisions, the Union government can take direct control of the state machinery.)
There are instances galore of misuse of Article 356 since Independence. In most of the cases, defection or fear of defection or political instability are viewed as breakdown of constitutional machinery and the president’s rule is imposed. Unfortunately, even after large-scale violence and complete and prolonged breakdown of law and order, the constitutional provisions have not been evoked in Manipur.
There are clear and distinct provisions in the Indian constitution which cast responsibility both on the union and the state government to run their affairs according to the constitution. The executive power of the union and the states is co-extensive with the legislative powers which are demarcated exhaustively in the country’s supreme law.
Also the laws made by Parliament for dealing with an emergency – external aggression, armed rebellion or financial emergency – shall prevail.
Moreover, there is single citizenship in India and the matter falls in the domain of the union. If the life and liberty of citizens of any part of the country is in jeopardy and the state government fails to protect them, as it has miserably in Manipur, the union government is endowed with adequate and firm powers by the Constitution to intervene and to uphold the life and liberty of citizens.
Article 355 of the constitution says that ‘It shall be the duty of the union to protect every state against external aggression and internal disturbance’ and to ensure that the government of every state is carried on in accordance with the provisions of the Constitution. The situation in Manipur warrants the intervention of the union as, indubitably, the union must have issued directions to the State to stem the mayhem.
An iron curtain on free flow of information has only exacerbated the situation except the bits and pieces of incendiary incidents which occasionally pierce the veil. Perhaps, in the absence of authentic information, the union government may find it difficult to assess the situation accurately.
Chief Ministers have been replaced on the basis of C&AG reports. If replacing or sacking a Chief Minister can assuage the people and restore peace and tranquility, it is a measure that must be taken swiftly. Moreover, there would be least outcry as the nation demands it unequivocally. – The Statesman/ANN
Devender Singh Aswal is a retired Addl Secretary, Lok Sabha and a member of Delhi Bar Council.
