Article 355 in Manipur

A. Romen Kumar Singh, IPS(Retd) Senior Advocate High Court of Manipur
INTRODUCTION
A notable feature of the Indian Constitution is the way in which the normal peace-time federalism can be adapted to an emergency situation.
 The framers of the Constitution felt that, in an emergency, the Centre should have over-riding power to control and direct all aspects of administration and legislation throughout the country.
ARTICLE  355:
DUTY OF THE UNION TO PROTECT STATES AGAINST EXTERNAL AGGRESSION AND INTERNAL DISTURBANCE.
It shall be the duty of the Union to protect every State against 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 twofold duty on the Centre.
(i) to protect every State against external aggression and internal disturbance, and
(ii) to ensure that the Government of every State is carried on in accordance with the provisions of the Constitution.
The two limbs of Article 355 are not independent as Constitutional break down can take place in a State without there being a situation of “external aggression” or “internal disturbance”.
In a case as reported in State of Rajasthan  V. Union of India,(1977) 3 SCC 591 the Constitution Bench of the Supreme Court held that Article 355 is intended either to safeguard against the failure of, or to repair the effects of a Constitutional break-down in a State; it may be either a preventive or a curative action (Constitution of India, Volume 4 by MLJ Office – Page – 263)
But in the State of Manipur, the repairing, preventive and curative action under Article 355 has been a distant dream requiring more proactive role as enshrined in Article 355 of the Constitution.
HELPING OF STATE IN MAINTAINING GOVERNMENT IS THE SCHEME OF ARTICLE 355
In Sunderlal Patwa V. Union of India, AIR 1993 M.P 214, the Division Bench of the Madhya Pradesh High Court held that Article 355 enjoins upon the Union of India to help the State in maintaining its Government. That duty is not to be discharged only by proclaiming President’s Rule.
Even after lapse of more than 2 months of using Article 355 in the State of Manipur meaningful and desired step for restoring peace and harmony in the State are yet to be seen.
INFLUX OF ILLEGAL MIGRANTS IN THE STATE IS EXTERNAL AGRESSION
In Sarbananda Sonowal V. Union of India, Air 2005 S.C 2920 the Supreme Court held that influx of large number of persons across the borders into India is aggression. Under Article 355, Union of India is to protect the State against external aggression. Ambit and Scope of external aggression does not include war.
In another case as reported in Assam Sanmilita Mahasanga V. Union of India, (2015) 3 SCC, the Supreme Court held that influx of illegal immigrants from neighboring country is a threat to sovereignty and integrity of the Nation. While giving 23 directions by the Supreme Court, at Para 41 of the case observed: -“43-We are at a loss to understand why 67 years after Independence, the Eastern border is left porous.
We have been reliably informed that the entire Western Border with Pakistan being Km. 3300 long is not only properly fenced but properly manned as well, is not porous at any point”.
From the above judgement, it is clear that influx of illegal immigrants from neighboring country is external aggression and the Union of India is to protect the States not the illegal immigrants indulging in violent and prejudicial activities posing serious threat to the sovereignty and integrity of India.
In the State of Manipur, the illegal immigrants from across the border are indulging in prejudicial activities which is external aggression requiring the Union of India to protect the State not the immigrants as the prejudicial activities committed by them are far serious in nature, intolerably grave in impact and highly dangerous in consequence as the cadres who committed the violent activities are supported and protected by armed group of foreign entity which is a force to reckon with.
No soul on earth can deny the fact that MOTHER MANIPUR at the border of MOTHER INDIA is weeping in silence unnoticed, waiting for early peace and harmony.