Manipur's crisis : A Constitutional call for justice and renewal

Dipak Kurmi *

The State of Manipur, historically known for its vibrant culture and rich traditions, now finds itself at the center of an unprecedented Constitutional and humanitarian crisis. Since May 2023, the State has been engulfed in unrelenting violence, with ethnic clashes claiming hundreds of lives, displacing over 100,000 individuals, and destroying countless homes, Temples, Churches, and other establishments.

What began as localized unrest has escalated into a dire situation that has exposed the complete breakdown of governance and law and order. This catastrophic failure necessitates invoking Article 356 of the Indian Constitution to restore peace and ensure the protection of fundamental rights.

The invocation of Article 356, which allows the President of India to impose President's Rule in a State, is a contentious and extraordinary measure. Yet, the gravity of Manipur's crisis demands such decisive action. Under this Article, the President need not wait for a Governor's report and can act upon being satisfied that the State Government can no longer function in accordance with Constitutional provisions.

BR Ambedkar, during the Constituent Assembly debates of August 1949, underscored the necessity of this provision as a safeguard for Constitutional integrity. Ambedkar envisioned this as a tool for the Union to intervene when a State Government collapses, ensuring that the Constitutional machinery is preserved. His foresight now resonates deeply with the ongoing crisis in Manipur.

The violence in Manipur is unique in its ferocity and its impact on ordinary citizens. Unlike insurgencies in Nagaland and Mizoram or the terrorism in Jammu and Kashmir, which largely involved militant groups, Manipur’s unrest has drawn ordinary people into the vortex of violence.

Civilians are not only victims but are also being forced to resort to violent means for self-defense. This unprecedented situation highlights the state’s inability to protect its citizens or uphold basic law and order, leaving the population vulnerable and destitute.

The failure of governance in Manipur is stark. Despite the deployment of Central forces and assurances from the Union Government, peace remains elusive. In May 2024, the Supreme Court was assured by the Solicitor General that the violence was subsiding, yet events since then have proved otherwise.

Disturbingly, horrifying incidents such as the public parading and sexual assault of women on May 4, 2023, have drawn global condemnation. These acts of brutality represent gross violations of human rights and Constitutional principles, further underscoring the urgent need for intervention.

Although the Supreme Court later took suo motu cognizance of the atrocities, its interventions have been criticized as slow and ineffective. Even after 27 hearings, the Court’s inability to enforce meaningful measures has left the people of Manipur without justice or relief.

The Central Government, too, has faced mounting criticism for its handling of the crisis. Prime Minister Narendra Modi's administration has been accused of failing to act decisively, raising questions about its priorities and capacity to address such internal conflicts.

The Union Government, under Article 355 of the Constitution, is obligated to assist States in maintaining law and order. However, its measures in Manipur have fallen short, allowing the violence to persist and eroding public trust in its ability to safeguard the rights of its citizens.

This dire situation places an immense burden on the President of India, Droupadi Murmu, to act swiftly and decisively. Invoking Article 356 would not only be legally justified but also a moral imperative to protect the lives and liberties of Manipur’s citizens.

While it is true that this provision has historically been abused for political gains, its invocation in this instance would align with its intended purpose: to address a complete collapse of Constitutional machinery. The intervention of the President would signal a commitment to resto- ring governance and upholding the Constitution’s promise of justice, equality, and peace.

Manipur’s crisis also calls for a thorough re-evaluation of how India addresses internal conflicts. Immediate measures must include the restoration of law and order, relief for displaced communities, and the prosecution of those responsible for the violence. Yet, these actions alone will not suffice.

The root causes of the unrest—deep-seated ethnic tensions, socio- economic disparities, and mistrust among communities—must be addressed through long-term strategies. Rebuilding trust, fostering dialogue, and implementing inclusive development programs are essential for preventing future conflicts.

Furthermore, the role of the judiciary in such crises must be critically examined. The Supreme Court, as the ultimate protector of fundamental rights, has a responsibility to act decisively in situations of grave Constitutional and human rights violations.

Its perceived inaction or delay in the face of Manipur’s escalating violence has drawn significant criticism, raising concerns about the judiciary’s effectiveness in safe- guarding the Constitution. Strengthening the judiciary’s capacity to respond to such crises is imperative for maintaining the rule of law and public confidence in the legal system.

The tragedy of Manipur is a stark reminder of the fragility of governance in the face of deep-seated societal divisions. It is also a call to action for all branches of government to fulfill their Constitutional roles with integrity and urgency.

The invocation of Article 356, while extraordinary, is necessary to restore peace and order in Manipur. This step must be accompanied by a comprehensive plan for reconciliation and rebuilding, ensuring that the state’s diverse communities can coexist harmoniously.

Manipur’s plight is not just a regional issue; it is a test of India’s democratic resilience and its commitment to upholding constitutional principles. The failure to address this crisis decisively would set a dangerous precedent, undermining the very fabric of the Nation.

It is time for India’s leaders—across all levels and institutions—to rise above political considerations and prioritize the fundamental rights and dignity of the people of Manipur. Only through collective will and decisive action can the State emerge from this dark chapter and move towards a future of peace and justice.