Who is in-charge of maintenance of law and order in Manipur ?

Oinam Nabakishore Singh *

When the violence broke out on the fateful 3rd May, 2023, it was initially thought that normalcy would return to the State sooner than later. After a few days, on the 12th May, 2023, ten MLAs belonging to Kuki-Zo tribes shattered the hopes of restoring peace with their untenable demand for a Separate Administration for the areas inhabited by their tribe members.

The press statement signed by all of them and made available to the media added a new twist to the conflict by adding a political dimension to the conflict. The naive State administration would never have envisaged such a demand from those MLAs having the implication of breaking up the tiny State of Manipur. However, the Union Government, which have been engaging in talks with the Kuki militants, who are signatories of Suspension of Operation(SOO), might have anticipated such a demand.

It is more than evident that the Union Government has not viewed the conflict in Manipur with, the seriousness it deserves. The Prime Minister of India, who is all eyes and ears, has chosen to remain silent on the conflict unless he is forced to speak on the floor of the House through a motion of no-confidence against his Government.

He did not even use his favourite social media platform, the X (earlier Twitter) to express his feelings of anger, sympathy and solidarity with the people of Manipur. Till date, after sixteen months of chaos and anarchy in the State, people of Manipur are yet to see their Prime Minister in Manipur. People of Manipur have viewed the lack of concern of the Prime Minister for Manipur with anger and disdain.

Since the conflict was between the Meitei and Kuki-Zo Communities, the Government of India in their wisdom thought it sensible to replace of the State Director General of Police who belongs to Kuki-Zo tribe from that post and brought in an IPS officer of 1993 batch, Tripura cadre, who is from northern India as DGP to ensure neutrality in maintenance of law and order.

Apart from symbolism associated with the appointment of a neutral officer, the new Director General of Police, who was working as Inspector General of Police in the Central Reserve Police Force (CRPF) under the new Security Advisor of Manipur Government was perhaps the choice of the said Security Advisor.

Both DGP and Security Advisor knew each other’s strengths and weakness and it is assumed that they were expected to make a good team to deliver in the difficult State. The Security Advisor, Shri Kuldiep Singh, was a former Indian Police Service Officer of West Bengal cadre, who retired not so long ago from the CRPF.

Immediately after the violence erupted on the 3rd May, 2023, the Union Government got him appointed by Government of Manipur as the Security Advisor to that Government on the next day, the 4th May, 2023.

Although Shri Kuldiep Singh is designated as Security Advisor, the Union Government had the intent of making him the overall in-charge of law and order in the State. It is made more than evident when he was conferred the power and authority of the chairman of the Unified Command Headquarter of the State.

Since the onset of the conflict, varying comments have been made on the scope and power of the Unified Command. A pertinent question is whether the Chairman of Unified Command can really issue orders to the members of the said committee, especially, Indian Army, Assam Rifles, Border Security Forces, Central Reserve Police Force and Intelligence Bureau, which are the agencies of the Union Government operating in the State for counter insurgency operations.

Shri Jamail Singh, former Chief Secretary of Manipur Government from 2004 to 2008 mentions at page 142-143 of his book, “My Tryst with Manipur: A Memoir” on Command Headquarter as, “The Combined Headquarters was set up to function under the Chief Minister and would include the Chief Secretary, Corp Commander of Army, Director General of Police, Divisional Commander of Leimakhong Army Division, Inspector General of the Assam Rifles, Inspector General of CRPF and Joint Director of Intelligence Bureau.

This was asked to meet once in a month and review the progress. The broad parameters of coordination among various security agencies used to be discussed. Serious areas or points of disagreements between different agencies used to be sorted out”.

During my job as Chief Secretary of the Government of Manipur, I attended the meetings of Unified Command as a member and it was observed that the meetings of the Unified Command were mainly for sharing of intelligence and coordination in counter insurgency operations so that the best result is achieved. In the aftermath of the eruption of violence last year, expectations from Unified Command has increased manifold as it is wrongly seen to be responsible for maintenance of public tranquility in the State.

There is a lot of debate as to the roles and responsibility of the Union Government and State Government with respect to maintenance of law and order or a wider public order in the State now. There is also a continuing debate as to whether the Union Government has used Article 355 of the Constitution of India to protect Manipur, which reads as, “355.

Duty of the Union to protect States against external aggression and internal disturbance. -It shall be 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 this Constitution”.

The meaning of this provision, is that the Constitution of India mandates the Union Government to carry out tasks to protect the State from external aggression and internal disturbance, as the case may, be when required based on inputs like intelligence. Recognizing such need by the state of Manipur, the Union Government considered it necessary to send in thousands of central forces to Manipur immediately, replace Chief Secretary and Director General of Police and appoint a Security Advisor to the State Government.

Such acts of the Union Government and replacement of Manipur Chief Minister by the Security Advisor are testament of using the provisions of Article 355 of the Constitution by the Union. In fact, there is no need for issue of a separate order by the President of India proclaiming that Article 355 is enforced in Manipur. Being a mandate of the Constitution of India, the Union Government has been discharging its duty under that Article in Manipur. Whether the Union Government is successful in its duty in Manipur is a question mark.

A doubt arises as to whether the Union Government is fully responsible for maintenance of law and order when it is acting to protect Manipur in the event of external aggression and internal disturbance. The answer is that the responsibility of maintenance of law and order continues to remain with the popular Government of Manipur.

There is clear division of legislative powers of the Union and States under Article 346 of the Constitution of India by way of mentioning subjects of legislation in the Union List, State List and Concurrent List.

Under Article 162 of the Constitution of India, the executive power of the State extends to the matters with respect to which State legislature has power to make laws. List Il-State List under the Seventh Schedule of the Constitution of India indicates the matters and subjects with respect to which the State legislature is competent to make laws.

Consequently, the State executive has powers with respect to such subjects. Entry 1 under that list is relevant to the maintenance of law and order of Manipur, which reads as, “1. Public order but not including the use of any naval, military or air force or any other armed force of the Union or any other force subject to the control of the Union or of any contingent or unit thereof in aid of the civil power".

It is clear that maintenance of law and order which is within the meaning of public order is the duty of the State executive headed by the Chief Minister unless there is a proclamation by the President of India in respect of Manipur under Article 356 of the Constitution of India. Further, it is necessary to closely read the above-mentioned entry Number 1 on public order, which excludes the power of the State executive over the Central forces deployed to aid the State.

It implies that the Chairman of the Unified Command of Manipur cannot pass orders on Army, Assam Rifles, BSF and CRPF deployed in Manipur, who are bound by orders from their own higher hierarchy. In fact, too much has been read into the powers and functions of the Unified Command and deprivation of the Chief Minister of such authority. Ambiguity arises from lack of knowledge. It is also possible that such ambiguity is misused by some to mislead the people.

It is once again reiterated that the Unified Command mechanism was introduced in Manipur for effective coordination and intelligence sharing among various units working in the State to combat insurgency and maintenance of law and order.

Lastly, under Article 166 of the Constitution of India, the Governor of a State allocates business to the Ministers of the State for effective conduct of business. In Manipur too, there is a rule called Allocation of Business Rules. Maintenance of law and order of Manipur is allocated to the Home Department of Manipur Government by the said rules, which is under the charge of Chief Minister of Manipur.

All officers of the State including Security Advisor, DGP, Chief Secretary and Home Secretary, other police officers are required to discharge their duties under the orders of Chief Minister. It is crystal clear that the Chief Minister will take all the credits or discredits for the success or failure to maintain law and order, as the case may be, in Manipur for the last sixteen months.

Demanding restoration of Unified Command from his own officer, Security Advisor, is absurd and such acts are nothing but political gimmick. Rather, he should exert his authority as mandated by the Constitution of India to restore peace and tranquility in Manipur. A serious situation prevailing in Manipur requires sincere efforts by the State Government.

If any further assistance is required from the Union Government in their efforts, it should not hesitate at all. Both Centre and State are required to work in tandem to secure peace and tranquility of Manipur.