The President of India can proclaimed President's rule under article 356 of the Emergency Provisions of the Indian Constitution if His Excellency holds that there has been a failure of constitutional machinery in a State under articles 256, 257 or 353 of the Indian Constitution.
Article 256 seeks to regulate administrative relations between the Union and the States. It provides that the executive powers of the State Government are to be exercised in such a way as to ensure compliance with the laws made by Parliament. The Union Executive is also empowered to give such directions to a State as may appear to the Government of India to be necessary for the purpose.
Article 257 similarly provides that the executive power of every State shall be so exercised as not to impede the exercise of the executive power of the Union.
Article 353 provides that once Emergency is proclaimed (under article 352), the executive power of the union extends to giving of directions to any State in regard to the exercise of the executive powers of the State and failure to comply with the directions would constitute enough justification for imposition of President's rule under article 356.
The President's rule is a weapon to be use as a last resort, after everything else fails.
In view of the above facts, President's Rule cannot be proclaimed and enforced in Manipur. Reason being:
- With reference to article no 256 of the Indian Constitution, the Government of Manipur until date has not exercised any of its executive powers against the wishes of the Union Government and has been in compliance with all the laws made by the parliament.
- As for article No. 257 the Government of Manipur has so far not exercised any of its State Executives Powers so as to obstruct or hamper the exercise of the executive power of the Union.
- And as for Article No. 353 it does not arise since the Government of India will not declare National Emergency just for the case of Manipur. Besides, it will come into effect when and only when National Emergency is proclaimed.
As such President's rule can never be imposed in our case of Manipur and if imposed forcibly it will be a gross violation and misuse of the Article 356 of the Indian Constitution. It is to be use as a last resort when everything fails. When there are numerous other means and ways to solve and end the people's movements, the question of President's rule does not arise. This movement in Manipur is a righteous, peaceful, and democratic movement and should not be taken for break down of State machinery or leveled to an 'armed rebellion/internal disturbance'.
India is a democratic country and we the peoples of Manipur are also the true citizens of this country. Therefore, if pressured, forced, and disliked by the people and is asked to remove this draconian act, 'The Armed Forces Special Powers Act 1958', it should be removed forthwith without assigning any reason whatsoever. Our world famed largest Democratic Government is of the people by the people and for the people. It is not Off the People, Buy the People and Far the People.
If the Union of India thinks that AFSPA can solve insurgency problems then the Union of India is definitely making a grave blunder because the living proof lies in front of us. Has this AFSPA, which has been enforced and implemented for the last 44 years, been able to solve our insurgency problem?
The Armed Forces Special Powers Act 1958 is not the only means to curb the insurgency problems. Insurgency problems can never be solved with arms. It is to be solve on the table with a dialogue. And if the Government of India still hopes that AFSPA can solve our insurgency problems and still insist in implementing this 6th Century BLACK LAW, then the Government of India can be taken as deem to have executed a heinous crime against the people of Manipur and the human race as a whole.
Its time that the Government of India realizes that this very act popularly known as the 'ARMED FORCES SPECIAL POWERS ACT 1958' is alienating the people of Manipur from the mainstream and the Union of India. It will be very much wise and most creditable for the Government of India to remove forthwith this AFSPA to solve the present movement and crisis in the State instead of aiming to impose President's rule
* L. Punil Kanta Singh, based in Imphal, contributes regularly e-pao.net.
The writer can be contacted at [email protected]
This article was written on August 9, 2004.
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