This article is the continuation from the previous write up by Dr. Khomdon Lisam Published on our yesterday issue
10. States Merger (Chief Commissioners’ Provinces) Order, 1950 was “ultra-vires” and “null and void”
As per the Notification issued by the Government of India, Ministry of Law, dated the 22 January 1950, paras 1(1) (2), 2(1) the States Merger (Chief Commissioners’ Provinces) Order, 1950 shall come into force only with effect from the 23 January, 1950. Therefore the State of Manipur should have become administered under a Chief Commissioner only from 23 January, 1950 onwards and as such the orders issued by the Ministry of States, New Delhi, dated the 15 October 1949 hurriedly merging Manipur with the Dominion of India was illegal. Further the order issued by the Chief Commissioner, Major General Rawal Amar Singh on 15th October 1949, who was appointed on the same day, ceasing the functioning of the Ministers of the State and dissolving the Manipur Legislative Assembly were clearly “ultra-vires” and “null and void” orders ie they were illegal and invalid orders issued prior to having the “authority to do so”.
This “violated” the mandatory provisions of the Indian Independence Act, 1947, para 9(5) which say that “no order shall be made by the interim Government of the Dominion after 31 March, 1948” pertaining to any Political issue so long the Paramountcy is deemed “to be continuing to exist and its directives and orders issued earlier remaining quite valid till the interim Dominion of India becomes a full-fledged sovereign Power of her own with Laws framed under a Constitution adopted enabling to supersede all the Laws and orders framed and issued within the ambit of the Paramountcy ie till the 26 January 1950. Therefore it was in this very context that the Notification of the Law Ministry issued by C. Rajagopalchari , Governor General of India (June 1948 until 26 January 1950,)was illegal and invalid.
The Indian Independence Act, 1947, para 9(5) states that “‘ No order shall be made under this section, by the Governor of any Province, after the appointed day, or, by the Governor-General, after the thirty-first day of March, nineteen hundred and forty-eight (31 March, 1948), or such earlier date as may be determined, in the case of either Dominion,. by ‘any law of the Legislature of that Dominion.”.
Post-Merger Blunders committed by the Government of India.
The following blunders were committed by the Government of India after forced merger of Manipur to India:-
1. Imposition of Indian Constitution without representation
2. Manipur with its own constitution and State Legislative Assembly was relegated to the position of Part C State status without legislative power on 15 October, 1950
3. Government of India’s repeated attempts to disintegrate Manipur. from 1949 till date.
4. Abolition of the Permit system by Mr. Himmat Singh , the then Chief Commissioner on 18 November, 1950 allowing massive influx of outside migrants from mainland India creating population imbalance in Manipur.
5. On 1 November, 1956 Manipur ceased to be a Part C State and became a Union Territory under the States’ Re-Organization Act 1956 and Constitution (Seventh Amendment) Act 1956. Under the Territorial Council Act 1956 ignoring the demand for Statehood.
6. On 16 August.1957 Manipur was allowed to constitute a Territorial Council consisting of 30 elected Members and 2 nominated Members without considering the long standing demand for Statehood.
7. Emergence of insurgency problem in Manipur solely due to wrong policies and blunders of the Government of India creating the most violent theatre of conflict in India.
8. Manipur had been declared a ‘disturbed area’ in its entirety in 1980. .
9. Imposition of the Armed Forces Special Powers Act (AFSPA) since 8 September 1980. till date
10.India carried out a series of massacres by its forces killing thousands of Manipuri youths every year..
11.India’s racist attack against the people of Manipur killing educated youths in many cities of India because of their mongoloid looks.
12. Loss of territory of Manipur to Myanmar due to utter negligence to safeguard the territorial boundary of Manipur by the Government of India. Protection of International Boundary is the exclusive jurisdiction of the Government of India.
13. Pending Payment of compensation for the loss of 7000 sq. miles of Kabow valley to Myanmar due to unilateral decision of the Prime Minister of India in 1953 amounting to Rs. 139855 lakh crores. (Rs. 139855000000 ) without a Parliamentary resolution
!4. Government of India’s failure to maintain security of two National Highways of Manipur allowing illegal Tax payment of Rs. 10 lakhs everyday for the last 30 years to underground elements. Further the economic blockade along the two national highways caused a loss of Rs. 2-3 Crores per day. This loss money plus 3500 Crore of illegal tax should be compensated by the Government of India.
15. Likely Imposition of Citizens (Amendment Bill -2016
After experiencing all these discriminatory treatment of Manipuris –politically, legally, socially , culturally now we feel that there is nothing common between Manipuris and Indians. The Indian Constitution make us feel that we are not Indians.
What can be done now ?
I am placing these facts before the people of Manipur particularly the learned lawyers, experts, historians, researchers, academicians etc. so that they may explore the legality of the various events cited above and also to examine the strength, weakness opportunities and threats (SWOT) to the revival of the operation of the Manipur State Constitution Act-1947 through legal measures in any International Court. I think everything depends on our mindset. I understand that the Government of India will play political game to defeat our mission. Freedom is not free. We have been working for seeking piece meal solutions for a long time. Let us work for finding a permanent cure for all ailments in Manipur. This action will lead to the revival of a nation called Manipur. We must stand up now, arm in arm and shoulder to shoulder and secure the ramparts to restore the Freedom of this beloved land. It is time for us to come together and proclaim in unity. We must unite—regain our beloved Manipur’s honour, dignity and prestige. This is the Home of the Brave-Paona Major, Bir Tikendrajit, Chowkami Naga, Chirai Naga and Rani Gaidinliu. We will stand united. Nationalism is the fusion of all religions, all ethnic groups and all cultures. We will revive the operation of our own constitution and will restore our sovereignty and independence. The Political Parties and eminent Politicians should understand the sentiments of the people and come forward courageously to protect the Manipuri Nation and lead us towards achieving this goal of revival of the Manipur State Constitution Act-1947. This is not something anti-Indian or illegal , The International Law allow us to form our own government and declare independence. We need not request the Government of India to grant us revival of operation of the Manipur State Constitution Act-1947 and to grant us independence. The destiny of Manipur should be decided by the Manipuris themselves. This is a cause worth fighting for and worth dying for. We should not leave behind a repressive and oppressive national government for our children and grand children.. The choice is ours. It is up to all of us to decide today. The time for action is today, tomorrow may be too late.
(concluded. The writer can be reached at [email protected])
