TODAY -

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.


* Ngaranmi Shimray wrote this article for The Sangai Express
This article was webcasted on January 14 2025.



* Comments posted by users in this discussion thread and other parts of this site are opinions of the individuals posting them (whose user ID is displayed alongside) and not the views of e-pao.net. We strongly recommend that users exercise responsibility, sensitivity and caution over language while writing your opinions which will be seen and read by other users. Please read a complete Guideline on using comments on this website.




LATEST IN E-PAO.NET
  • 76th Republic Day @ Kangla #3 : Gallery
  • Violence in Manipur 2023-2025 : Timeline
  • Epom Amadei Ithak - A theatrical revisit
  • Economy of the dynamic global landscape
  • Is the Bhagavad Gita relevant today ?
  • Healthy hair in Winter
  • Guwahati Asian Film Festival (GAFF) 2025
  • From the battlefields to Delhi
  • Speculations on replacement of Chief Minister
  • 12th Legislative Assembly #2 : Gallery
  • Education & its disjuncture in Manipur
  • HUN-Thadou Cultural Fest 2025 : Theme
  • Coo :: Poem
  • Agartala Coach : India U-19 Women Cricket
  • The story of the village of hope
  • Career choice in wetlands
  • CM in Delhi to meet Shah
  • After failed plastic ban bid, on brickfields
  • New catfish species discovered in Chakpi
  • Love, Unsure :: Poem
  • Manipur's border battles: Deeper conflict
  • A world without leprosy
  • Origin of corruption & possible remedies
  • The question of life
  • 'Sereki' unveils Majuli-themed campaign
  • Posers over summons to Delhi
  • Addiction-free campaign
  • Mera Chaorel Houba @Kangla #5 : Gallery
  • Lamtanganba, Adum , Mahaiso : eMing
  • Manipur : Champions Jr Natl Sepaktakraw
  • Effective Unified Command approach
  • Saurashtrian Tamils
  • Accepting the change :: Poem
  • From Kumbh to heaven direct
  • Edge of the seat suspense
  • Wetlands revival efforts reaping fruit
  • Natambakta : Play by JNMDA #4 : Gallery
  • EIIFF 2025 unveils Festival Memento
  • Climate change & plant diseases
  • Shija Hospital- AHPI Healthcare Award
  • Budget 2025: A big gift for middle-class
  • The Science of Success : Attitude #2
  • Cakeology 2025: India's largest cake expo
  • Need to stick to a consistent narrative
  • Leniency on tobacco ban aiding demographic
  • 76th Republic Day @ Kangla #2 : Gallery
  • Pheiroijam Christina - 21st Miss North East
  • Manipur: Gold at 28th Jr National Sepaktakraw
  • Clarion call for redeeming our rightful future
  • The Power of Poppy - 67 :: Poem
  • Clean energy for sustainability
  • Union Budget: Industrialists from NE speaks
  • Balaram Sougaijamba: General of Manipur
  • Nikhil Okram crowned 14th Mister North East
  • Chadong village: Rising from waters with hope
  • Financial literacy for common man
  • Obituary: (L) Pu Thangkholen Sitlhou
  • Nail care in Winters
  • State of war since 2023: No winner, only losers
  • Talks on new district row
  • Radio E-pao: 1000+ songs from Manipur
  • Maibi Jagoi @ Kwak Tanba : Gallery
  • February Calendar for Year 2025 : Tools
  • Ballad of Letting Go :: Poem
  • 2nd Eikhoigi Imphal International Film Fest
  • Deeper exploration of term 'Hill-Valley Divide'
  • Children's Book to adopt 'Look East Policy'
  • Pony registration & conservation
  • Endless suffering of internally displaced child
  • 21st Ningtham Kumhei Fest #2 : Gallery
  • Thiyam Suryamukhi conferred Padma Shri
  • Isolate Kuki Militants by facilitating safe return
  • Sports Meet held at Rongdai Village
  • Eco-Apocalypse: Prevent collapse with Green
  • Grand Finale : 21st Mega Miss North East
  • Time to give more teeth to ST demand
  • 5 years of ILP; what about NRC demand ?
  • Remembering Md Ladu, celebrated polo player
  • The Lament of Love's Deceit :: Poem
  • Need for inculcating value based education
  • Royte - Times Young Entrepreneur Award
  • Glass Child Syndrome ! 'Sibling rivalry'
  • 6 Films for NE Section at GAFF 2025
  • Pony registration & conservation
  • Impartial anti-extortion cell need of the hour
  • 76th Republic Day @ Kangla #1 : Gallery
  • Conservation Strategies of Pethia manipurensis
  • Remembers 13 Brave Indian Soldiers
  • Workshop: Intl Year of Quantum Science
  • Governor's role and discretionary powers
  • Physics workshop for educators at Agartala
  • Who wins Delhi - Daru or Dharma
  • War on Drugs: A war Manipur cannot loses
  • NE turning into transnational drug hub
  • Essence of Gaan-Ngai #2
  • Manipur's dystopian reality
  • The day Light reached the hills
  • 2nd Eikhoigi Imphal Intl Film Fest 2025
  • Why is depreciation of rupee not stopping ?
  • An introduction to Rabies (Hydrophobia) #5
  • Thoithoiba Yelhou Yangkok Artist #2 : Gallery
  • Republic Day Titbits
  • NIT Manipur: Best Design Award @VLSI Design
  • The Power of Poppy - 66 :: Poem
  • Grand Finale: 14th Mega Mister North East
  • Application : FILMART, Hong Kong
  • The Science of Success : Attitude #1
  • 21st Ningtham Kumhei Fest #1 : Gallery
  • Demographic for balkanisation of Manipur
  • Training on Mushroom Cultivation at Nambol
  • Jugeshwor Kshetrimayum receives GELA 2025
  • Construction Committee of Meetei Yumpham
  • Call against misuse of social media
  • Positive & negative aspects of social media
  • In Search of Peace in Manipur
  • Embracing the Shadows :: Poem
  • Dr Manmohan Singh will live on
  • Rise in the price of medicines
  • Respecting the dead- Denying is a disgrace
  • Winter skin care tips for oily skin
  • Illegal immigrants :: Of FMR & border fencing
  • JD-U row exposes national parties' apathy
  • State Gaan-Ngai @Sagolband #2 : Gallery
  • On 'Only BJP can save Manipur'
  • Frontline health workers dispelling darkness
  • 14th East Himalayan Trade Fair
  • Life is plastic
  • Killers on the road : 834 lives lost
  • Call to action to save State's wetlands
  • Essence of Gaan-Ngai #1
  • The Taste of Dreams wins @Red Intl Film Fest
  • Science: 3rd eye for Meitei-Kuki reconciliation
  • Northeast flies high in direct selling
  • Mastering focus amidst distractions
  • An introduction to Rabies (Hydrophobia) #4
  • Indo-Naga Talks (From 2012) :: Timeline
  • BJP : Tepid response from the hills
  • BABINA Hospital sets example in healthcare
  • Nitya Ras @Nongmeibung #1 : Gallery
  • Agonizing reality of our country's veteran elites
  • Historicising the colonial narratives
  • NSS Team Departs for National Integration
  • HUN-Thadou Cultural Festival 2025
  • Time to recreate Naga Peoples Convention 2.0
  • Career in nutrition
  • Need to give more meaning to War on Drugs
  • Time for real action not empty rhetoric
  • Foundation: Manipur Press Club #2 : Gallery
  • "Aronba Wari" :: Shumang Leela Synopsis
  • Tripura's livelihoods challenges
  • Archaeological Exhibition @ Kangla : Gallery
  • Gaan-Ngai @Chaopok village #1 : Gallery
  • Manipur needs to affirm her tribal roots
  • Madras/Chennai- 1989 till 2024 : Gallery
  • Investigate "arms recoveries" in Mizoram
  • Training on Mushroom Cultivation
  • NE Direct Selling Conference & Expo
  • Response of Delhi in last 20 months
  • Regulated entry after FMR scrap, border
  • Mutua Bahadur : Preserving Manipuri culture
  • Competitive Altruism: Resolving ethnic conflict
  • Pithe Puli Utsav at Agartala
  • Building the best version of yourself
  • Guwahati Asian Film Festival 2025
  • Tips to keep your lips soft & smooth in winter
  • Subsidised flight tickets for all
  • MCPCR alert on child trafficking fear
  • Imoinu Erat Thouni @ Wangkhei : Gallery
  • Gaan-Ngai celebrating Culture in Delhi NCR
  • The Weeping Gods of Manipur :: Poem
  • Disarming Kuki-Zo armed groups under SoO
  • Why nurses deserve more recognition, pay
  • The hidden truths of our social media lives
  • MMTU stand bang on target: Recapping May 3
  • Enhancing aerial options to ease travel woes
  • 2nd Emoinu Fish Festival #1 : Gallery
  • Sustainable development - climate action #1
  • RIST Talk- 62 : Artificial Intelligence (AI)
  • "Technically a BJP MLA will rule Nagaland"
  • Makar Sankranti : vibrant customs & traditions
  • Why gold is a strong hedge but ...
  • Delhi date on January 17
  • Onus of addressing tribal issues on new Guv?
  • Nupilal Ningshing Lamjel #2 : Gallery
  • Licypriya Kangujam: Nat'l Youth Day Award
  • Barak Festival advocates Peace, Progress
  • 'Yu', not fully liberalised
  • Article 355 equals Governor's Rule ?
  • Calls to vote with conscience
  • Zingtun academy leading by example
  • State Gaan-Ngai @Sagolband #1 : Gallery
  • Is Kuki-Zo community pushing Nagas to edge?
  • Will drive to find-treat-prevent TB continue ?
  • Smart Cities, dustier roads ?
  • ST of NE & Dalits of mainland India
  • That May :: Poem
  • Understanding Red, Yellow, Green
  • Cong posers on Govt aid to SoO group
  • Culturals @Tri-Nation Football #1 : Gallery
  • Gaan-Ngai festival of Kabui/Rongmei
  • 40 Years & 04 Stations- Part IV (Madras)
  • Manipur Gold: 34th Sr Natl Sepaktakraw C'ship
  • Public Health Risk Management Training
  • The Power of Poppy - 64 :: Poem
  • The Science of Success #4
  • Hingminashi Eikhoi : Call for unity in diversity
  • A Hymn for Goddess Emoinu
  • Are the foods we eat, correct ?
  • Gangtok, Sikkim (1983 till 1988) : Gallery
  • The Taste of Dreams : Teaser Unveiled
  • Be a child of courage & conquer obstacle
  • Hans Renal Care Centre in Guwahati
  • Focus on pre-May 3, 2023 period
  • Conundrum over the genesis of crisis
  • Misna Chanu aids to Jiribam IDPs : Gallery
  • North-East Students invited to JEE Main 2025
  • Empower the State else avoid blame on CM
  • Obituary : Thaunawjam Brajamohon
  • Hope :: Poem
  • An introduction to Rabies (Hydrophobia) #3
  • Winter makeup tips for dry skin
  • Imphal, Delhi still groping in the dark
  • Tension over assault case, land claims
  • Mega Protest Rally, end AFSPA #2: Gallery
  • Foundation: Manipur Press Club #1 : Gallery
  • Ningol Chakkouba @ Delhi #3 : Gallery
  • Indigenous Pottery Making @Imphal : Gallery
  • AIR Radio Imphal Station - Live streaming
  • Nupi Lal Memorial @Pune #2 : Gallery
  • The historical account of Kabaw Valley #3
  • Featured Front Page Photo 2024 #6: Gallery
  • E-Pao.net : 25th Anniv & 2025 Wishes
  • Protest @Delhi - Murder of Meiteis #2: Gallery
  • "Connections", art exhibitt @ DC : Gallery
  • Observance of Thang-Ta Day #1 : Gallery
  • Mera Chaorel Houba #4 : Gallery
  • Nupi Lal Memorial @Pune #1 : Gallery
  • Meitei Mayek Tamba : Online Classroom #5
  • Indigenous People Cultural Fest #1 : Gallery
  • Maibi Jagoi @ Mera Houchongba: Gallery
  • Mega Protest Rally, end AFSPA #1: Gallery
  • Ta Ta TabuHtoN :: Seireng
  • Downloadable Manipuri Calendar :: 2025
  • GHOST of PEACE :: Download Booklet