Upholding Democratic Integrity: The Case of Absentee MLAs in Manipur Legislative Assembly

Manipur Legislative Assembly has faced significant scrutiny due to the continuous absence of ten of its members over three consecutive sessions. The absentee MLAs—Haokholet Kipgen, Ngursanglur Sanate, Kimneo Haokip Hangshing, Letpao Haokip, LM Khaute, Letzamang Haokip, Chinlunthang, Paolienlal Haokip, Nemcha Kipgen, and Vungzagin Valte—have not attended any sessions since May of last year. Among these, Chinlunthang and Hangshing are members of the Kuki People’s Alliance, while the others belong to the Bharatiya Janata Party (BJP).
This persistent absence without any formal leave or official announcement from the Speaker raises serious questions about the adherence to democratic principles and the sanctity of legislative processes in Manipur. The situation becomes even more critical when viewed through the lens of Article 190 of the Indian Constitution, which outlines the conditions under which an MLA’s seat may be declared vacant.
Article 190, derived from Draft Article 166 and adopted on June 2, 1949, deals with the vacation of seats of members of the Houses of the Legislature of a State. This article is structured into four clauses and two sub-clauses, each detailing specific scenarios where an MLA might vacate their seat. Clause (1) allows an MLA to resign by writing under their hand addressed to the Speaker. Clause (2) stipulates that an MLA’s seat shall become vacant if they are absent from all meetings of the House for a period of sixty days without permission. Clause (3) permits the Speaker to declare the seat vacant under certain conditions, and Clause (4) addresses disqualification on the grounds of defection as per the Tenth Schedule.
The continuous absence of the ten MLAs without any formal leave clearly falls under the purview of Clause (2), necessitating the Speaker to declare their seats vacant. Traditionally, the Speaker of the Manipur Legislative Assembly announces if any MLA takes leave and whether the House grants such leave. However, in the case of these ten MLAs, no such announcements have been made over the past two sessions or the current one. This omission is not just a procedural lapse but a blatant violation of Article 190.
The failure to address this absenteeism undermines the constitutional framework and sets a dangerous precedent for legislative accountability. It raises fundamental questions about the integrity of the legislative process in Manipur: Why has the Assembly not declared these seats vacant as mandated by the Constitution? Is there a deliberate attempt to bypass constitutional provisions?
This continuous absence without any formal leave distorts the representation of the constituencies these MLAs were elected to serve. It disrupts the legislative process, leading to a democratic deficit. Elected representatives are expected to fulfill their responsibilities or face the consequences laid out in the Constitution. The inaction of the Speaker and the Assembly reflects poorly on their commitment to uphold the rule of law and constitutional propriety. This situation calls for immediate rectification to restore faith in the legislative process and ensure that constitutional mandates are respected.
The Manipur Legislative Assembly must act promptly to address this constitutional breach. The Speaker should declare the seats of the ten absentee MLAs vacant as per Article 190 of the Indian Constitution. Upholding constitutional provisions is not just a legal obligation but a moral imperative to maintain the integrity of our democratic institutions.
The implications of this situation are far-reaching. By failing to adhere to the constitutional provisions, the Assembly risks eroding public trust in democratic institutions. The people of Manipur deserve transparent and accountable governance. They deserve representatives who actively participate in the legislative process and work towards the betterment of their constituencies.
Moreover, the precedent set by this inaction could have detrimental effects on the future functioning of the Assembly. If absenteeism without consequences becomes normalized, it could lead to a breakdown in legislative accountability and governance. The constitutional framework is designed to ensure that elected representatives are held accountable to their duties. Ignoring these provisions undermines the very foundation of democratic governance.
It is high time that the Manipur Legislative Assembly respects the Constitution and acts in the best interest of democratic principles. The Speaker’s prompt action in declaring the vacant seats will not only uphold the constitutional mandate but also send a strong message about the Assembly’s commitment to transparency and accountability. The people of Manipur, and indeed the entire country, are watching closely. The integrity of our democratic institutions depends on the actions taken in moments like these.