Article 356 and Constitutional Crisis in Manipur

Syllabus: Prelims Unit IV - Indian Polity

Constitutional Background

• Article 356 provides machinery for addressing constitutional breakdowns.
• B.R. Ambedkar introduced this provision to the Constituent Assembly on August 3, 1949.
• The President can act without the Governor's report if satisfied about the constitutional breakdown.
• Article 355 mandates the Union to assist States during crises.

Constituent Assembly Debates (August 3-4, 1949)

• H.V. Kamath: Opposed Article 356, labeling it a "constitutional crime."
• Alladi Krishnaswami Ayyar: Defended it, emphasizing the Union's duty to uphold the Constitution.
• K. Santhanam: Supported it as essential for governance breakdown scenarios.
• Thakur Das Bhargava: Highlighted that it addresses governance failures.
• Dr. Ambedkar: Clarified that the term "failure of machinery" was derived from the Government of India Act, 1935.

Manipur Crisis (2023-24)

• Unprecedented violence broke out in May 2023.
• Over 250 deaths recorded from May 2023 to November 2024.
• More than 100,000 people displaced.
• Temples, churches, and homes destroyed.
• Ethnic violence continues, affecting 3 million residents.

Supreme Court's Role

• First PIL hearing held on May 8, 2023.
• Solicitor General assured the restoration of normalcy.
• Suo motu notice issued in July 2023 regarding the May 4 incident.
• Conducted 27 hearings, expressing concern over constitutional violations.
• Sought government accountability measures.

Current Situation

• Violence continues with no resolution in sight.
• Recent incident: A mother of three raped and killed.
• 17 houses set on fire (November 9, 2024).
• Evident failure of constitutional machinery.
• Immediate presidential intervention is imperative.