Presidents Rule imposed; assembly under suspended animation
Source: Chronicle News Service

New Delhi/Imphal, February 13 2025: President's Rule was imposed in strife-torn Manipur on Thursday and the state assembly put under suspended animation, days after Chief Minister N Biren Singh resigned from his post that led to political uncertainty in the north eastern state.

The Manipur assembly, which has a tenure till 2027, has been put under suspended animation, according to a notification issued by the Ministry of Home Affairs.

Biren Singh, who was heading the BJP government in Manipur, resigned as chief minister after nearly 21 months of ethnic violence that has claimed over 250 lives so far.

He resigned on February 9 and submitted his resignation to Governor Ajay Kumar Bhalla in Imphal, hours after his meeting with Union Home Minister Amit Shah here.

The decision to impose the central rule was taken after the Governor sent a report to President Droupadi Murmu.

"After considering the report and other information received by me, I am satisfied that a situation has arisen in which the government of that state cannot be carried on in accordance with the provisions of the Constitution of India," the notification said.

It further said: "Now, therefore, in exercise of the powers conferred by article 356 of the Constitution, and of all other powers enabling me in that behalf, I hereby proclaim that I - assume to myself as President of India all functions of the government of the state of Manipur and all powers vested in or exercisable by the Governor of the that state".

The notification said powers of the legislature of the state shall be exercisable by or under the authority of Parliament.

It also said any reference in the Constitution to the governor shall, in relation to Manipur be construed as a reference to the President.

A key aspect of the proclamation was the suspension of the proviso to Article 3 of the Constitution.

The official notification stated that "so much of the proviso to article 3 as relates to the reference by the President to the Legislature of the State" has been suspended.

The proviso mandates that any proposal to alter the boundaries of a state must be referred to its legislature for opinion before Parliament makes a final decision.

By suspending this provision, the Centre can initiate territorial changes in Manipur without requiring the state's legislative consent.

The suspension of this proviso has historical precedence in India, notably during major state reorganisations.

Similar measures were taken in 1956 for the Reorganisation of States, in 1966 for the creation of Haryana, in 1972 when Manipur, Meghalaya, and Tripura attained full statehood, in 2000 for the formation of Jharkhand, Chhattisgarh, and Uttarakhand, in 2014 during the bifurcation of Andhra Pradesh to create Telangana, in 2019 when Jammu & Kashmir was bifurcated into two union territories, and in 2000 when Jharkhand was carved out of Bihar, all while proviso to Article 3 was suspended.

Article 356 of the Indian Constitution, which allows the imposition of President's Rule, has been enforced in Manipur at least 10 times, including when it was still a Union Territory from 1967 until it attained full statehood in 1972.The longest spell of President's Rule in the state was during the Naga-Kuki clashes from 1993 to 1994, lasting nearly a year.

Most past instances of President's Rule in Manipur were imposed due to breakdowns in law and order, government collapses due to defections, and internal party conflicts.

In some cases, allegations of corruption and political instability led to the dismissal of governments and dissolution of the Assembly.

The decision to impose the President's rule by the BJP-led Centre came as the party failed to have a consensus chief ministerial candidate despite having several rounds of discussions between party's northeast in-charge Sambit Patra and party legislators.

Patra had met Bhalla a few times before Thursday's decision by the central government that comes at a time when Prime Minister Narendra Modi is in the US.

The Governor has already declared the seventh session of the 12th Manipur Legislative assembly, which was set to commence on February 10, as null and void.

The last, session of the assembly in the restive state concluded on August 12, 2024.Biren Singh's tenure as chief minister was marked by a number of controversies, primarily centred on his handling of ethnic violence, allegations of instigating conflict, and questions regarding his governance.

Biren, who started as a footballer and then became a journalist before entering politics, served as the chief minister for two terms - 2017 and 2022.He represents the Heingang assembly constituency in Imphal East district.

In 2022, he managed to win the approval of his party to get a second term as chief minister.

The journey since then has been not without hiccups.

One of the most significant controversies of Biren Singh's tenure was the ethnic violence that erupted in May 2023, that finally cost him the key post.

The ethnic strife, which saw brutal clashes between the majority Meetei community in the Imphal Valley and the Kuki-Zo tribal groups in the surrounding hills, resulted in over 250 deaths and displaced thousands of people.

The state's inability to contain it raised serious concerns about Biren Singh's leadership.

His response to the violence, however, included a public apology in December 2023, where he expressed regret for the deaths and displacement caused by the unrest.

He called for reconciliation, urging the various communities to forgive past mistakes and work toward rebuilding a peaceful Manipur.

In February, a new controversy erupted when audio tapes allegedly featuring Biren Singh were leaked, in which he was purportedly heard discussing how the ethnic violence was instigated with his approval.

Kuki Organisation for Human Rights Trust (KOHUR), a vocal critic of Biren Singh's handling of the ethnic conflict, sought a court-monitored investigation into the authenticity of the tapes.

This led to a Supreme Court ruling ordering the Central Forensic Science Laboratory (CFSL) to verify the tapes' authenticity and submit a report.

Biren Singh's resignation came amidst dwindling support among BJP MLAs, many of whom have met party leaders in Delhi to convey their unhappiness with his continuation and had expressed the hope that his stepping down will help boost the central government's efforts to broker peace between the two main ethnic communities in the state.

What is it and how it affect state functions

The imposition of President's Rule in Manipur could be considered under Article 356 of the Indian Constitution, which allows the President to take action when a state government fails to comply with constitutional provisions.

The decision would follow advice from the Union Council of Ministers.

The Article 356 reads, "Where any State has failed to comply with, or to give effect to, any directions given in the exercise of the executive power of the Union under any of the provisions of this Constitution, it shall be lawful for the President to hold that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution".

Several conditions must be met before the President can impose President's Rule in a state.

These include:

1. The President must be convinced that the governance of the state can no longer be carried out in accordance with the Constitution.
2. The state government fails to elect a new chief minister within the time frame set by the state's governor.
3. A coalition breakdown occurs, resulting in the chief minister losing majority support in the legislature, and the CM is unable to prove majority within the prescribed period.
4. The assembly loses its majority due to a no-confidence vote.
5.Elections are delayed due to extraordinary circumstances such as natural disasters, war, or an epidemic.

Once President's Rule is imposed, the governor assumes the administration of the state on behalf of the President, working with the Chief Secretary and other appointed advisors or administrators.

The President can also declare that the powers of the state legislature will be exercised by Parliament.

Under this rule, the state legislative assembly may either be suspended or dissolved.

Additionally, when Parliament is not in session, the President has the authority to issue ordinances related to the state's administration.

President's Rule can be revoked at any time through a subsequent proclamation by the President.

This revocation does not require approval from Parliament.

It typically happens when a political party leader presents evidence of majority support in the assembly and claims the right to form the state government.

(With inputs from PTI) .

Comment