The President's Rule of February 2025 : A foreseen chapter

Th Kamini Kumar Singh *

The State of Manipur was established on 21st January, 1972 on enactment of the North Eastern Areas ( Reorganisation ) Act, 1971 by Parliament. The State of Manipur is not a formed State like other States of the North Eastern Areas of India. Every year 21st January is celebrated as the Statehood Day.

Shri Braja Kumar Nehru, ICS, was the first Governor of Manipur. The first election of the State Legislative Assembly after attaining Statehood was held during the month of March,1972. Md Alimuddin became the first Chief Minister of the full fledged State of Manipur on 20th March, 1972. His Ministry did not last long as Md Alimuddin resigned from office as the Chief Minister on 26th March,1973.

The State Assembly was dissolved. The first President’s Rule after Statehood was imposed on 28th March, 1973. The first mid-term election after attaining Statehood was held during the month of February,1974 to install a new Ministry. Md Alimuddin became the Chief Minister of Manipur for the second term.

We, the people of Manipur, have witnessed the imposition of President’s Rule in the State on different occasions. From what we, the people of Manipur, experience from the past is that the main reason behind the imposition of the President’s Rule is more from political instability than the interest of the people.

Politics is becoming the most fertile ground for breeding corruption, nepotism, etc. and also the first resort for scoundrels. When the people talk of the President’s Rule in the State of Manipur, the memory of the Great June Uprising of 18th June, 2001 comes vividly in our mind.

The Great June Uprising happened during the operation of the President’s Rule imposed on 2nd June 2001. During this uprising, 18 persons sacrificed their lives to save the territorial integrity of Manipur.

When the President of India makes a Proclamation under Article 356 of the Constitution of India, it is said that President’s Rule is imposed in the State. The Constitutional provisions under article 356 of the Constitution of India for imposition of President’s Rule in a State is an alternative means to carry on the Government of a State in accordance with the provisions of the Constitution as and when there is failure to carry on the Government of the State in accordance with the provisions of the Constitution.

There were instances where the Central Government abused the provisions of article 356 of the Constitution for political reasons. The President’s Rule runs contrary to the fabric of democratic principles. It is a sign of political turmoil and chaos in a civil society.

The President’s Rule is imposed as and when the President has, on receipt of a report from the Governor or otherwise, satisfied that the Government of a State can’t be carried on in accordance with the provisions of the Constitution. As a consequence of the President’s Rule, the functions of the Government of the State and the powers of the Governor or any body or authority other than the Legislature of the State are assumed by the President of India.

The powers of the Legislature of the State are not assumed by the President but exercised by or under the authority of Parliament. For giving effect to the object of imposition of the President’s Rule, the President may make any incidental and consequential provisions including provisions for suspending in whole or in part the operations of any provisions of the Constitution relating to any body or authority in the States.

At any stage of operation of the President’s Rule, the President can’t assume to himself the powers vested in or exercisable by the High Court. Any provision of the Constitution relating to the High Court can’t be suspended during the President’s Rule.

The President’s Rule may be revoked or varied by a subsequent Proclamation. The Proclamation under Article 356 shall be laid before each House of Parliament and shall cease to operate at the expiration of two months unless before the expiration of that period of two months it has been approved by the resolutions of both Houses of Parliament.

The President’s Rule approved by resolutions of both Houses shall cease to operate on expiration of six months from the date of issue of the Proclamation. No Proclamation shall remain in force for more than three years. The period of three years is conditional.

The resolution with respect to the continuance in force of a Proclamation approved by both Houses of Parliament under Clause (3) of Article 356 of the Constitution for any period beyond the expiration of one year shall be subject to the operation of a Proclamation of Emergency under Article 352 in the whole of India,
or in the whole or any part of the State at the time of passing the resolution for extending beyond the period of one year,
and also the Election Commission certifies that the continuance of the Proclamation approved under Clause (3) of Article 356 of the Constitution,
owing the period specified in the resolution is necessary on account of difficulties in holding general elections to the Legislative Assembly of the State concerned.

Any President’s Rule for operation beyond one year shall be subject to the aforementioned two conditions.

On 13th February, 2025, the President of India made a Proclamation under Article 356 of the Constitution as the President was satisfied, after considering the report from the Governor of Manipur and other information, that the Government of Manipur can’t be carried on in accordance with the provisions of the Constitution.

In common parlance, it is known as the imposition of the President’s Rule in the State of Manipur. The President’s Rule of 13th February, 2025, is the latest President’s Rule imposed in Manipur after a gap of about twenty four years since the President’s Rule imposed on 2nd June, 2001.

Before the imposition of The President’s Rule on 13th February, 2025, it may be pertinent to point out some important incidents that happened.There has been communal violence between two communities since 3rd May, 2023. Many lives were lost, many families are displaced and homeless . The law and order in the State is becoming beyond the control of the State Government.

There is a political chaos as ten MLAs belonging to a certain community demand a Separate Administration thereby threatening the territorial integrity of the State of Manipur. During such a turbulent situation in the State, the Governor had issued an Order dated 24th January, 2025, summoning the 7th Session of the 12th Manipur Legislative Assembly on 10th February, 2025 to uphold the mandates of Article 174(1) of the Constitution as the last sitting of the 6th Session was held on 12th January, 2024.

Shri N Biren Singh, Chief Minister resigned from office on 9th February,2025. It is not known the reasons behind the resignation of the Chief Minister a day before the date fixed for the 7th Session as there was no official information on this regard. The Governor accepted his resignation along with the Council of Ministers on 9th February, 2025 and declared the Order which fixed the scheduled date for the 7th Session as null and void .

The possibility of a Constitutional crisis for violation of the mandate of Article 174(1) of the Constitution had been avoided because of the resignation of the Chief Minister. None came out openly to claim to form a new Government during the last four days after the resignation of the Chief Minister.

It becomes inevitable to impose the President’s Rule under article 365 of the Constitution to carry on the Government of Manipur in accordance with the provisions of the Constitution. Hence the President’s Rule in Manipur.

Because of the Proclamation made by the President for the President’s Rule, the President herself assumes the functions of the Government of Manipur, and the powers of the Governor of Manipur, or any body, or authority in the State of Manipur other than the Legislature of Manipur. The powers of the Legislature of Manipur shall be exercised by or under the authority of Parliament.

The said assumed functions and powers by the President shall be exercised through the Governor of Manipur as the President thinks fit. The President can’t assume the powers vested in or exercisable by the High Court, or suspend any provision of the Constitution relating to the High Court. The imposition of the President’s Rule is open to judicial review i.e. the constitutional court can examine the constitutionality of the President’s Rule.

Even though the powers of the Governor have been assumed by the President, the office of the Governor continues to exist so as to enable the President to perform the assumed functions and powers through the Governor. Similarly, the Speaker remains in office even though the powers of the Legislature of Manipur are vested or exercisable by Parliament.

The suspension of the provisions of the Constitution in relation to Manipur as mentioned in the Proclamation is incidental and consequential provisions for giving effect to the objects of the Proclamation. In relation to Manipur, any reference in the Constitution to the Governor and the Legislature of Manipur shall be construed as the President, and Parliament or the Houses thereof respectively.

When the House of People is not in session, the President is also competent to authorise expenditure from the Consolidated Fund of the State pending sanction of such expenditure by Parliament.

The Legislature of the State of Manipur has not been dissolved but put under the authority of Parliament. Certain provisions of the Constitution in relation to Manipur are also suspended. Never say Manipur is now under the Suspended Animation. But say Manipur is now under the President’s Rule.

May the democratic Government in Manipur be restored without delay.