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Core Purpose

President's Proclamation under Article 356 of the Constitution assumes functions of Manipur Government and legislature due to inability to govern under constitutional provisions.

Detailed Summary

The President of India, Droupadi Murmu, issued a proclamation under Article 356 of the Constitution of India for the State of Manipur, citing a report from the Governor indicating a breakdown of constitutional governance. Consequently, the President has assumed all functions of the Government of Manipur and powers of the Governor. The powers of the Manipur Legislature will be exercised by or under the authority of Parliament. Several articles of the Constitution concerning the State of Manipur are suspended, primarily those related to the state legislature's role and the Governor's functions, including articles related to legislative powers, financial procedures, and state executive functions. References to the Governor and State Legislature in the Constitution, in relation to Manipur, are to be read as references to the President and Parliament respectively, for the duration of this proclamation. The Governor may also exercise these powers under the President's direction.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-13022025-260988 EXTRAORDINARY PART II-Section 3-Sub-section (i) PUBLISHED BY AUTHORITY No. 101] NEW DELHI, THURSDAY, FEBRUARY 13, 2025/MAGHA 24, 1946 MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 13th February, 2025 G.S.R. 134(E). -The following Proclamation by the President is published for general information:- Whereas, I, Droupadi Murmu, President of India, have received a report from the Governor of the State of Manipur and after considering the report and other information received by me, I am 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 of India (hereinafter referred to as the Constitution); Now, therefore, in exercise of the powers conferred by article 356 of the Constitution, and of all other powers enabling me in that behalf, I hereby proclaim that I – (a) assume to myself as President of India all functions of the Government of the State of Manipur and all powers vested in or exercisable by the Governor of the that State; (b) declare that the powers of the Legislature of the said State shall be exercisable by or under the authority of Parliament; and (c) make the following incidental and consequential provisions which appear to me to be necessary or desirable for giving effect to the objects of this Proclamation, namely:- (i) in exercise of the functions and powers assumed to myself by virtue of clause (a) of this Proclamation as aforesaid, it shall be lawful for me as President of India to act to such extent as I think fit through the Governor of the said State; (ii) the operation of the following provisions of the Constitution in relation to that State is hereby suspended, namely:- so much of the proviso to article 3 as relates to the reference by the President to the Legislature of the State; so much of clause (2) of article 151 as relates to the laying, before the Legislature of the State, of the reports submitted to the Governor by the Comptroller and Auditor-General of India; articles 163 and 164; so much of clause (3) of article 166 as relates to the allocation among the Ministers of the business of the Government of the State; article 167; so much of clause (1) of article 169 as relates to the passing of a resolution by the Legislative Assembly of a State; clause (1), and sub-clause (a) of clause (2), of article 174; articles 175 to 178 (both inclusive); clauses (b) and (c) of article 179 and the first proviso thereto; articles 180,181, 188, 189, 193, 194, 196 and 198; clauses (3) and (4) of article 199; articles 208 to 211 (both inclusive); the proviso to clause (1), and the proviso to clause (3) of article 213; and so much of clause (2) of article 323 as relates to the laying of the report with a memorandum before the Legislature of the State; (iii) any reference in the Constitution to the Governor shall, in relation to the said State, be construed as a reference to the President, and any reference therein to the Legislature of the State shall, in so far as it relates to the functions and powers thereof, be construed unless the context otherwise requires, as a reference to the Parliament, and in particular, the references in article 213 to the Governor and to the Legislature of the State, shall be construed as references to the President and to Parliament or to the Houses thereof respectively: Provided that nothing herein shall affect the provisions of article 153, articles 155 to 159 (both inclusive), article 299 and article 361 and paragraphs 1 to 4 (both inclusive) of the Second Schedule or prevent the President from acting under sub-clause (i) of this clause to such extent as she thinks fit through the Governor of the said State; (iv) any reference in the Constitution to Acts or laws of, or made by, the Legislature of the said State shall be construed as including a reference to Acts or laws made, in exercise of the powers of the Legislature of the said State, by Parliament by virtue of this Proclamation, or by the President or other authority referred to in sub-clause (a) of clause (1) of article 357 of the Constitution, and the Manipur General Clauses Act, 1966 (Manipur Act 3 of 1966), as in force in the State of Manipur, and so much of the General Clauses Act, 1897 (10 of 1897), as applies to State laws, shall have effect in relation to any such Act or law as if it were an Act of the Legislature of the said State. New Delhi; The 13th February, 2025. -Sd- DROUPADI MURMU President [F. No. 11013/01/2025-CSR-1] GOVIND MOHAN, Home Secy. ORDER New Delhi, the 13th February, 2025 G.S.R. 135(E).β€”The following Order by the President is published for general information:β€” In pursuance of sub-clause (i) of clause (c) of the Proclamation issued on this the 13th day of February, 2025, by me under article 356 of the Constitution of India, I hereby direct that all the functions of the Government of the State of Manipur and all the powers vested in or exercisable by the Governor of that State under the Constitution or under any law in force in that State, which have been assumed by the President by virtue of clause (a) of the said Proclamation shall, subject to the superintendence, direction and control of the President, be exercisable also by the Governor of the said State. New Delhi; The 13th February, 2025. -Sd- DROUPADI MURMU President [F. No. 11013/01/2025-CSR-1] GOVIND MOHAN, Home Secy.

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