Recent Violence in Manipur: Emergency Provisions and Centre-State Relations

The recent violence in Manipur has reignited debate on Centre-State relations and the use of emergency provisions under Articles 355 and 356 of the Indian Constitution.

Emergency Provisions: Articles 355 & 356

• Article 355: Centre to protect States from internal disturbances; ensure States function constitutionally.
• Article 356: Imposition of President’s Rule if the State's government fails to function constitutionally.

Application to Manipur Situation:

• Severity: Widespread violence may justify emergency provisions.
• President’s Rule: Not imposed, raising concerns.
• Article 355: Centre’s actions under Article 355, but effectiveness questioned.

Judicial Views:

• S R Bommai Case (1994): Restricted misuse of Article 356; must be for breakdown of constitutional machinery, not just law and order issues.
• Article 355: Expanded scope, allowing broader Union actions to ensure constitutional governance.

Recommendations:

• Sarkaria Commission (1987): Article 356 should be used rarely, as a last resort.
• National Commission (2002) & Punchhi Commission (2010): Article 355 requires Union action; President's Rule as last resort. Punchhi Commission suggests localized emergency provisions.

President’s Rule (Article 356) vs National Emergency (Article 352)

President’s Rule:

• Proclamation Basis: State government’s failure to function constitutionally.
• Operation: State executive is dismissed; state legislature is suspended/dissolved.
• Administration: Center administers through the governor; Parliament makes laws for the state.
• Duration: Maximum of 3 years; must end and restore normal machinery.
• Approval: Resolution by simple majority.
• Fundamental Rights: No effect.
• Revocation: By President alone.

National Emergency:

• Proclamation Basis: Threat to security by war, external aggression, or armed rebellion.
• Operation: State executive and legislature continue functioning.
• Administration: Center gains concurrent powers; Parliament cannot delegate law-making.
• Duration: Indefinite; continued with Parliament’s approval every 6 months.
• Approval: Resolution by special majority.
• Fundamental Rights: Affects fundamental rights.
• Revocation: Lok Sabha can pass a resolution for revocation.