Parliament Debates Manipur Bill Amidst Political Tensions and Constitutional Questions
The Rajya Sabha returned a Manipur support Bill to the Lok Sabha, sparking political debate and highlighting constitutional provisions like Articles 355 and 356 concerning state autonomy and central intervention.
Photo by Kunal Saha
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Rajya Sabha returned a Manipur support Bill to Lok Sabha
Article 355 obliges the Union to protect states from external aggression and internal disturbance
Article 356 allows for the imposition of President's Rule in states
No-confidence motions are a parliamentary tool to express lack of confidence in the government
Visual Insights
Manipur's Geopolitical Context and Article 355 Relevance
This map highlights Manipur's location, its shared border with Myanmar, and its strategic importance, which often brings it under the purview of constitutional provisions like Article 355 due to internal disturbances or external aggression concerns. The ongoing parliamentary debate underscores the challenges in maintaining law and order and constitutional governance in such sensitive regions.
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Exam Angles
Understanding the nuances and differences between Article 355 and Article 356.
Analysis of parliamentary procedures: Bill passage, powers of Rajya Sabha, no-confidence motions, and suspension of MPs.
The concept of federalism in India, particularly Centre-State relations during crises.
Judicial review of central intervention under emergency provisions.
The role of the opposition and parliamentary decorum in a democratic setup.
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Summary
During a recent parliamentary session, the Rajya Sabha returned a Manipur support Bill to the Lok Sabha, leading to heated political exchanges. The Finance Minister criticized the opposition, accusing them of political drama regarding the Manipur situation. This parliamentary action underscores the ongoing challenges in Manipur and brings to the forefront critical constitutional provisions related to state governance and central intervention.
Specifically, discussions revolved around Article 355, which mandates the Union to protect states from external aggression and internal disturbance, and Article 356, which deals with the imposition of President's Rule. The debate also touched upon the use of no-confidence motions and the suspension of MPs, reflecting broader concerns about parliamentary decorum and the handling of sensitive state issues.
Background
The constitutional provisions related to central intervention in state affairs, particularly Articles 355 and 356, have been subjects of extensive debate and judicial scrutiny since India's independence. These articles represent a critical aspect of India's quasi-federal structure, balancing state autonomy with the Union's responsibility to maintain national integrity and constitutional order. Historical instances of President's Rule have often led to accusations of political misuse, prompting landmark judgments like S.R.
Bommai v. Union of India.
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Practice Questions (MCQs)
1. Consider the following statements regarding constitutional provisions related to state governance in India: 1. Article 355 mandates the Union to protect every State against external aggression and internal disturbance. 2. Article 356 empowers the Union to take over the administration of a state if its constitutional machinery fails, even without a report from the Governor. 3. A proclamation issued under Article 356 must be approved by both Houses of Parliament within one month from its date of issue. Which of the statements given above is/are correct?
- A.1 only
- B.1 and 2 only
- C.2 and 3 only
- D.1, 2 and 3
Show Answer
Answer: B
Statement 1 is correct. Article 355 explicitly states the duty of the Union to protect states from external aggression and internal disturbance. Statement 2 is correct. Article 356 allows the President to act either on the report of the Governor or 'otherwise', meaning based on other information or his own satisfaction. Statement 3 is incorrect. A proclamation under Article 356 must be approved by both Houses of Parliament within two months, not one month, from the date of its issue.
2. With reference to parliamentary procedures and legislative process in India, consider the following statements: 1. A Money Bill can only be introduced in the Lok Sabha and, upon passage, the Rajya Sabha can only make recommendations, not reject or return it. 2. A no-confidence motion can be moved against an individual minister for their specific policy failure. 3. The suspension of a Member of Parliament for disorderly conduct is solely the prerogative of the Speaker of Lok Sabha or Chairman of Rajya Sabha, and their decision is final. Which of the statements given above is/are correct?
- A.1 only
- B.1 and 3 only
- C.2 and 3 only
- D.1, 2 and 3
Show Answer
Answer: A
Statement 1 is correct. Money Bills can only be introduced in the Lok Sabha with the President's recommendation. The Rajya Sabha has limited powers regarding Money Bills; it can only make recommendations which the Lok Sabha may or may not accept, and it cannot reject or return the bill. Statement 2 is incorrect. A no-confidence motion can only be moved against the entire Council of Ministers, not an individual minister. Statement 3 is incorrect. While the Speaker/Chairman has the power to suspend a member, their decision is not always final and can be subject to review or a motion by the House itself to revoke the suspension. Moreover, the rules of procedure allow for a motion to be moved for suspension, not solely the prerogative of the presiding officer in all cases.
3. In the context of the 'internal disturbance' as mentioned in the Indian Constitution, which of the following statements is/are correct? 1. The term 'internal disturbance' was replaced by 'armed rebellion' in Article 352 by the 44th Amendment Act, 1978. 2. Article 355, which mandates the Union to protect states, still uses the term 'internal disturbance'. 3. The Union government can deploy central armed police forces in a state to deal with 'internal disturbance' even without the state government's request, under Article 355. Select the correct answer using the code given below:
- A.1 only
- B.1 and 2 only
- C.2 and 3 only
- D.1, 2 and 3
Show Answer
Answer: D
Statement 1 is correct. The 44th Amendment Act of 1978 replaced 'internal disturbance' with 'armed rebellion' for the proclamation of National Emergency under Article 352, to prevent its misuse as seen during the 1975 Emergency. Statement 2 is correct. While Article 352 was amended, Article 355, which outlines the Union's duty to protect states, continues to use the original term 'internal disturbance'. Statement 3 is correct. Article 355 provides the constitutional basis for the Union government to intervene and deploy central forces to protect a state from internal disturbance, even if the state government has not explicitly requested it, as it is a duty of the Union. This power is distinct from the imposition of President's Rule under Article 356.