19 November 2024 : The Hindu Editorial Analysis

1. Manipur as a case for imposing Article 356

(Source – The Hindu, International Edition – Page No. – 8)

Topic: GS2 – Indian Polity

Context

The continuing ethnic violence in Manipur since May 2023, marked by loss of lives, displacement, and destruction, reflects a constitutional breakdown. Despite Supreme Court intervention and Union government efforts under Article 355, peace remains elusive. The crisis raises questions about invoking Article 356 to restore constitutional order and governance.

Introduction: Failure of Constitutional Machinery

• The violence in Manipur since May 2023 reflects a classic case of the failure of constitutional machinery.
• Article 356 of the Constitution empowers the President of India to intervene in states where governance cannot be carried out as per constitutional provisions.
• B.R. Ambedkar, during Constituent Assembly debates, emphasised the necessity of this provision for situations of constitutional breakdown.

Continuing Violence in Manipur

• The violence in Manipur is unprecedented, with ordinary citizens forced to engage in violence for self-protection.
• More than 250 people have been killed, over a lakh displaced, and properties including temples and churches have been destroyed.
• The violence, unlike insurgencies in Nagaland and Mizoram or terrorism in Jammu and Kashmir, has targeted ordinary citizens.

Article 356

Provision: Article 356 empowers the President of India to impose President’s Rule in a state if the constitutional machinery in that state breaks down. Grounds: The President can impose President’s Rule based on: A report from the Governor of the state suggesting a breakdown of constitutional machinery. The President’s own satisfaction that the state government cannot function according to the Constitution. Duration: Initially, the President’s Rule lasts for a maximum of 6 months. It can be extended for a maximum of 3 years with the approval of Parliament every 6 months. Effects: The state legislature is either suspended or dissolved. The President assumes executive powers of the state. The central government, through the Governor, directly governs the state. Supreme Court Guidelines: The Supreme Court has set guidelines for the imposition of President’s Rule in the S.R. Bommai case.These guidelines emphasise the need for a genuine breakdown of constitutional machinery and judicial review of such decisions.

Constituent Assembly Debates on Article 356

B.R. Ambedkar defended Article 356 as necessary for handling constitutional breakdowns, allowing the President to act even without a Governor’s report. H.V. Kamath opposed it, terming it a “constitutional crime.”Alladi Krishnaswami Ayyar justified it as essential for the Union to maintain constitutional order. K. Santhanam argued that it addresses physical breakdowns of state governance due to internal disturbances or external aggression. Thakur Das Bhargava supported it, stating it is vital when ordinary liberties are lost.

Supreme Court’s Involvement

• On May 8, 2023, the Supreme Court noted the Union government’s assurances of normalcy but observed inadequate results.
• In July 2023, the Court took suo motu cognizance of the May 4 incident where women were paraded naked, condemning it as a gross violation of constitutional rights.
• Despite 27 hearings, the intervention by the Court has been slow and ineffective, with violence persisting unabated.

The Need for Presidential Intervention

• The President, Droupadi Murmu, has the constitutional authority and duty to act under Article 356 in such situations.
• The Union government, under Article 355, is obliged to assist states but has failed to restore peace effectively.
• Despite the Supreme Court’s observations and the central government’s lack of decisive action, the violence and constitutional crisis continue.

A Case for Invoking Article 356

• Article 356 has historically been misused, but its invocation in Manipur is justified due to the exceptional circumstances.
• The continuing violence, gross human rights violations, and failure of governance demand urgent central intervention.
• The invocation of Article 356 in this scenario would likely be supported by the nation as a necessary step to restore peace and order.

Conclusion

• The ongoing sectarian violence in Manipur highlights a grave constitutional and humanitarian crisis.
• Immediate and decisive action by the President and the Prime Minister is essential to bring back peace, justice, and dignity to the state.
• Without prompt intervention, the constitutional machinery’s failure in Manipur risks further erosion of fundamental rights and the democratic fabric of the nation.

PYQ: Account for the legal and political factors responsible for the reduced frequency of using Article 356 by the Union Governments since mid 1990s. (250 words/15m) (UPSC CSE (M) GS-2 2023)

Practice Question:  Examine the constitutional and ethical dimensions of invoking Article 356 in situations of prolonged violence and governance failure, with reference to the ongoing crisis in Manipur. (150 Words /10 marks)

2. India must take forward its commitment to Africa, the Global South

(Source – The Hindu, International Edition – Page No. – 8)

Topic: GS2 – International Relations

Context

The Prime Minister’s recent diplomatic visits to Nigeria, Brazil, and Guyana emphasise its commitment to the Global South through strengthened bilateral ties and South-South cooperation. Engagements include defence, economic collaboration, and strategic global partnerships. Reviving platforms like the India-Africa Forum Summit and Voice of the Global South is critical for enhancing India’s global presence.

Strengthening Ties with Nigeria

• The visit to Nigeria highlights the commitment to the Global South and deepening bilateral ties.
• Key areas of cooperation include defence, addressing challenges like terrorism, separatism, piracy, and drug trafficking.
• Nigeria honoured the Prime Minister with a prestigious award, symbolising the historical friendship between the two nations.
• India’s contributions post-independence include sending teachers and doctors, strengthening people-to-people ties.
• Over 200 Indian companies have invested $27 billion in sectors like pharma, healthcare, agriculture, and energy, addressing shared challenges like poverty and pollution.
• Nigeria, a top African economy, is now a BRICS partner country and plays a pivotal role in regional growth.

Focus on the Global South

• The tours underscore a renewed emphasis on South-South cooperation and solidarity within the Global South.
• Despite India’s leadership in initiatives like the Voice of the Global South (VoGS), participation in such forums has been limited.
• Suggestions include allowing the G-20 host nation to lead VoGS summits for better engagement.

India-Africa Forum Summit

• The India-Africa Forum Summit, last held in 2015, is overdue and is expected to take place soon, as promised by Indian officials.
• Strengthening ties with Africa is critical, given its importance in global debates on governance, food, energy, and health security.

Global Vision and Implementation

• India’s approach includes building a common cause with countries in the Global South to address global challenges.
• The visits symbolise India’s focus on translating its ideals into action, ensuring an active presence in the developing world.
• These efforts are aimed at aligning the priorities of the Global South with global governance frameworks.

Practice Question:  Discuss India’s role in strengthening South-South cooperation. Highlight the challenges and opportunities in aligning India’s global vision with the priorities of the Global South. (150 Words /10 marks)