The fate of the Manipur Protection from Mob Violence Bill, 2018

Th Kamini Kumar Singh *

Is it better to enact an invalid law rather than not to enact any law? Who will answer it?

The discussion on the fate of the fate of the Manipur Protection from Mob Violence Bill, 2018 is not to harm the images of the Governor or the State Government but not to repeat lapses in making laws by finding out the mole in the system.

It is considered that the decision of the State Government to enact a special law through the legislative power of the Governor to curb the menace of mob violence in the State is to the right direction.

To curb the menace of mob violence in the State, the Governor of Manipur promulgated the Manipur Protection from Mob Violence Ordinance, 2018 on 08-11-2028. Unfortunately the Ordinance is found null and void for the simple reason that it is a law made in contravention of the Constitution. The common people think the process in the matter as an eye wash.

What is the purpose of promulgating the Manipur Protection from Mob Violence Ordinance, 2018 when it is null and void?

Why the Manipur Protection from Mob Violence Ordinance, 2018 is null and void? To answer it, a reference may be made to the article 213 of the Constitution of India. It is provided that the Governor shall not, without instructions from the President, promulgate an Ordinance if he would have deemed it necessary to reserve a Bill containing the same provisions for consideration of the President, or an Act of the Legislature of the State containing the same provisions would under the Constitution have been invalid unless, having been reserved for consideration of the President, it had received the assent of the President.

Now therefore the Ordinance should be promulgated with the instructions of the President in the light of the punishments in the Ordinance are repugnant to that of the Cr.P.C. Therefore, the Ordinance can’t prevail over the Cr. P.C. The offences and the punishments in the Ordinance are, non-existent. In case the instructions of the President are obtained, the Ordinance will be a valid law.

The President’s instructions are the conditions precedent for promulgation of an Ordinance containing provisions inconsistent with a central law. It circumscribes on the powers of the Governor for promulgation of an Ordinance containing provisions inconsistent with a law made by Parliament.

To obtain the instruction of the President is, therefore, not matters of procedure only but a mandate of the Constitution not to promulgate by the Governor an Ordinance containing the provisions repugnant to a law made by Parliament without instructions from the President.

An Ordinance is not promulgated by the Governor in his discretion but with the aid and advice of the State Cabinet. Therefore the promulgation of the Ordinance was on basis of the decision taken by the State Cabinet. It is not known whether the State Cabinet took the decision without obtaining legal opinion or such legal opinion was overruled by the State Cabinet.

It gives an impression that the matter is acted in a very casual manner. The decision of the State Government to curb the ever increasing menace of mob violence in the State by promulgating the Ordinance was defeated and derailed.

Who shall be held responsible for such an embarrassing situation? This may be left to the State Government to decide and to take follow up action against those responsible for making mockery on the decision of the State Government.

The Manipur Protection from Mob Violence Bill, 2018 passed by the State Assembly on 21-12-2018 is a Bill to replace without modification of the Manipur Protection from Mob Violence Ordinance, 2018. But it was not enacted as an Act of the State Assembly within the period six weeks from the reassembly of the State Legislature.

Normally a Bill to replace an Ordinance passed by a State Legislature got the assent within six weeks of the reassembly of the Legislature to provide continuity to the provisions of the Ordinance. Unfortunately it does not happen in respect of the Manipur Protection from Mob Violence Bill, 2018.

It is submitted that the Ordinance ceased to operate as the Bill passed by the State Legislature to replace the Ordinance did not get the assent within the period six weeks from the reassembly of the State Legislature. Accordingly no action can be taken up under the Ordinance.

It may be pertinent to point out that a Bill passed by a State Legislature is presented to the Governor, the courses open to a Governor is to give assent or to reserve it for consideration of the President or to withhold it or to return the Bill (if it not a Money Bill) to the House for reconsideration.

It is submitted that these courses are not opened in respect of the Manipur Protection from Mob Violence Bill, 2018 as the Bill is to replace the Manipur Protection from Mob Violence Ordinance, 2018.

It is learnt that the Governor reserved for this Bill for consideration of the President. The reservation of the Bill for consideration of the President reinforced the fact that the Ordinance should be promulgated with the instructions of the President.

The Constitution provides that an Act of Parliament or of a State Legislature is not invalid by reason only that some recommendation or previous sanction as required by the Constitution was not given, if assent to that Act was given by the President or the Governor, as the case may be.

It is submitted that no similar provisions for validation of an invalid law due to want of the President’s instruction are seen in the Constitution. It is not known whether the President will give assent to the Bill to replace an Ordinance which had been ceased to operate by the efflux of time.

Only time will tell the fate of the Manipur Protection from Mob Violence Bill, 2018 passed by the State Assembly on 21-12-2018.

It may be suggested that the best option in the matter may be to consider for withdrawal of the Manipur Protection from Mob Violence Bill, 2018 and to reintroduce in the House without reference to the Manipur Protection from Mob Violence Ordinance, 2018.