Manipur as a case for imposing Article 356
It is shocking that the mayhem in the State continues even under the watchful eyes of the ultimate protector of fundamental rights, the top court of the land
The state of Manipur reflects a classic case of the failure of the constitutional machinery, necessitating invocation of Article 356 by the President of India. The President need not wait for the report from the Governor because, under this Article, the President can act if, “otherwise”, 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. In Manipur, the unprecedented and horrific violence that erupted in May 2023, continues unabated.
B.R. Ambedkar, defining this extraordinary provision to the Constituent Assembly, on August 3, 1949 said, “I think I can well begin by reminding the House that it has been agreed by the House, where we were considering the general principles of the Constitution, that the Constitution should provide some machinery for the breakdown of the Constitution....” He further said, “I think as a necessary consequence to the introduction of article 277-A, we must also give liberty to the President to act even when there is no report by the Governor and when the President has got certain facts within his knowledge on which he thinks, he ought to act in the fulfilment of his duty.”
