Article 355 equals Governor's Rule ?

Ngaranmi Shimray *

Article 355 is for aiding the State Government mainly in security matters. Security can be interpreted broadly by including the appointments of key civilian officials and Judicial Magistrates in the State Govt as their cooperation and aid of is crucial to implement security decisions.

The answer to the question whether Article 355 has been invoked/proclaimed or not by the Central Government in Manipur is still vague. What is required to be asked preferably through RTI is to provide a copy of the official gazette notification invoking/proclamation of Article 355 in Manipur. The reasoning for doing so by Central Government should be transparently spelled out as the vagueness of doing so in respect of Manipur can have repercussions for other States in the federal structure of the Union.

Article 355 is qouted below

"355. Duty of the Union to protect States against external aggression and internal disturbance. 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 this Constitution."

Article 355 entails upon the Central Government a duty to protect States against "external aggression and internal disturbances" and to ensure that the governance of all States is in accordance with the "Constitution". This article is often used in conjunction with Article 356 to declare President's Rule in a State.

The Supreme Court of India has opined that the Article does not provide any independent source of power other than those provided in Articles 356 and 357. However, in respect of "internal disturbance" in Manipur, the Central Government appears to have excercised Article 355, but the appointment of the Security Advisor was made by the State Government.

The emergency provisions are contained in Part XVIII of the Constitution of India, from Article 352 to 360. Three types of emergencies are addressed in the Constitution of India: National Emergency, State Emergency, and Financial Emergency.

Given the Emergency provisions of the Constitution of India and the fact that Article 355 could be a precusor to proclamation of Article 356 there needs to be a proclamation or notification of exercising Article 355 in Manipur since it has been done by the Government of India as per their own understanding and assessment of the security situation at the relevant point in time. The exercise of Article 355 is to ensure that the State Government's functions are carried on in accordance with the provisions of the Constitution.

For 20 months, the security situation in Manipur has been drifting almost rudderless, but now with the appointment of a seasoned former bureaucrat as Governor there seems to be finally a skipper guiding the rudder.

With the new Governor taking charge of the security situation in Manipur wherein he indicated the need to use National Security Act, 1980, which allows detention for a year without trial, against miscreants and troublemakers, the Governor has signalled that he is in charge and that the Central Government has fully taken over the security and its related functions from the State Government.

This is a severe indictment on the ability of the State Government to discharge its Constitutional duties. The Chief Minister and Council of Ministers who are in charge of the State should hang their heads in shame as they allowed CSOs to control the main streets, easy looting of police guns without holding any police officers accountable, capitulation of State authority to radical elements ushering 20 months of lawlessness and extortion in Manipur.

The Central Government appears to be now firmly committed to restore law and order by appointing a senior and experienced former bureaucrat as Governor to take upon himself the task of recovery of looted police guns from radicalised elements, tackling CSOs who take law into their own hands as the first few critical steps towards restoration of law and order, and for working in close coordination with the civilian administration to bring back rule of law, which the Chief Minister failed miserably.

With the lathi charge of womenfolk of CSOs in Kangpokpi district, a stern message has been sent to the people intefering with the disharge of law and order duties that extreme and unpleasant measures will be employed even to the extent of arresting and detaining leaders of CSOs who confront and obstruct the authorities in carrying out their job related to security matters.

Article 355 states that it is "the duty of the Union to protect States against external aggression and internal disturbance" and in the context of Manipur it appears to be more like Governor's rule as he is now calling the shots and discharging the duty expected of him under Article 355.

The New Year 2025 has heralded the implementation of the road map for restoration of law and order in Manipur as stated by the Union Home Minister as one of the achievements in the first 100 days of the Modi 3.0 Govt. Time has now been given to the hyper sensitive and active CSOs and non-State actors, both in the valley and hills, to take note that with the change of guards the Central Govt has seriously star- ted its task for restoring law and order to bring back normalcy to Manipur.

The leaders of CSOs and non-State actors should not defy and obstruct law enforcing agencies, but rather extend full cooperation lest they face the wrath of the invigorated security agencies and find themselves detained in jails outside Manipur.