Article 355 is for aiding the state government, primarily in security matters. Security can be interpreted broadly to include the appointments of key civilian officials and judicial magistrates in the state government, as their cooperation and aid are crucial to implementing security decisions.
Whether Article 355 has been invoked or proclaimed by the Central government in Manipur remains vague. What is required—preferably through an RTI application—is a request for a copy of the official gazette notification invoking or proclaiming Article 355 in Manipur. The reasoning behind this invocation by the Central government should be transparently spelt out, as the lack of clarity in Manipur’s case could have repercussions for other states in the federal structure of the Union.
Article 355 is quoted below:
“355. The duty of the Union is to protect states against external aggression and internal disturbance. It shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the Government of every State is carried on in accordance with the provisions of this Constitution.”
Article 355 imposes a duty on the central government to protect states against “external aggression and internal disturbances” and to ensure that the governance of all states is per the Constitution. This article is often used alongside Article 356 to declare the President’s Rule in a state. The Supreme Court of India has opined that Article 355 does not provide any independent source of power other than those provided in Articles 356 and 357. However, concerning the “internal disturbance” in Manipur, the Central government appears to have exercised Article 355, although the appointment of the Security Advisor was made by the state government.
The emergency provisions are contained in Part XVIII of the Constitution of India, from Article 352 to 360. Three types of emergencies are addressed in the Constitution of India: National Emergency, State Emergency, and Financial Emergency. Given the emergency provisions of the Constitution and the fact that Article 355 could be a precursor to the proclamation of Article 356, there needs to be a proclamation or notification of Article 355’s exercise in Manipur, since this step appears to have been taken by the government of India based on their understanding and assessment of the security situation at the relevant time. The exercise of Article 355 ensures that the state government’s functions are carried out in accordance with the provisions of the Constitution.
For 20 months, the security situation in Manipur has been drifting almost rudderless. However, with the appointment of a seasoned former bureaucrat as Governor, there now seems to be a skipper guiding the rudder.
With the new Governor taking charge of the security situation in Manipur, he has indicated the need to use the National Security Act, of 1980, which allows detention for a year without trial, against miscreants and troublemakers. The Governor has signalled that he is in charge and that the Central government has fully taken over security and its related functions from the state government. This is a severe indictment of the state government’s ability to discharge its constitutional duties. The Chief Minister and the council of ministers who are in charge of the state should hang their heads in shame for allowing civil society organizations (CSOs) to control the main streets, enabling the easy looting of police guns without holding any police officers accountable, and capitulating state authority to radical elements—thus ushering in 20 months of lawlessness and extortion in Manipur.
The Central government now appears firmly committed to restoring law and order by appointing a senior and experienced former bureaucrat as Governor. His tasks include the recovery of looted police guns from radicalized elements, tackling CSOs who take the law into their own hands, and working closely with the civilian administration to bring back the rule of law—a responsibility the Chief Minister has failed miserably to fulfil over the last 20 months. The recent lathi charge against womenfolk of CSOs in Kangpokpi district sends a stern message to those interfering with the discharge of law-and-order duties that extreme and unpleasant measures, including arresting and detaining CSO leaders, will be employed if they obstruct authorities.
Article 355 states that it is “the duty of the Union to protect States against external aggression and internal disturbance,” and in the context of Manipur, this appears more like the Governor’s rule, as he is now calling the shots and discharging the duties expected of him under Article 355.
The New Year 2025 has heralded the implementation of the roadmap for restoring law and order in Manipur, as stated by the Union Home Minister as one of the achievements of the first 100 days of the Modi 3.0 government. Time has now been given to the hyper-sensitive and active CSOs and non-state actors, both in the valley and hills, to note that with the change of guard, the Central government has seriously started its task of restoring law and order to bring normalcy back to Manipur.
CSOs and non-state actors should not defy and obstruct law enforcement agencies but instead extend full cooperation, lest they face the wrath of invigorated security agencies and find themselves detained in jails outside Manipur.
Opinion expressed are that of the author and do not reflect EastMojo’s stance on this issue or any other for that matter.
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