In a recent development, the Supreme Court of India declined to issue directives to the Indian Army and paramilitary forces regarding security provision in tribal areas of Manipur. The bench, comprising Chief Justice of India (CJI) DY Chandrachud, Justices PS Narasimha, and Manoj Misra, underscored that the Supreme Court, in its 72-year history, has never dictated the Indian Army’s conduct in military, security, or rescue operations.
The court highlighted that the cornerstone of democracy is civilian control over the military, a principle it could not infringe upon. The court stated;
“In the last 72 years, we have never issued such directions to the Indian Army. The greatest hallmark of democracy is civilian control over the army, and we cannot breach that,”
The bench further clarified that the responsibility for maintaining law and order, as well as ensuring state security, lies within the executive domain. Therefore, it would be inappropriate for the court to instruct the Army and paramilitary forces. The court expressed its stance, saying,
“Maintenance of law and order and preservation of security of state falls in the executive domain. We are of the view that it will not be appropriate for this Court in exercise of judicial function to direct Army and paramilitary forces.”
However, the court urged both the state and central governments to ensure the protection of life and liberty of citizens in Manipur. The court added;
“However, we impress upon the state and union to ensure there is protection of life and liberty of people in Manipur. Where exactly a particular battalion will be etc. is a dangerous area for us to get into,”
The Supreme Court’s decision came in response to a series of pleas filed concerning the recent outbreak of violence in Manipur. Among these pleas was an interlocutory application (IA) filed by the Manipur Tribal Forum, which accused the central government of providing false assurances to the top court regarding its handling of the situation.
The Manipur government, on May 8, assured the Supreme Court that it would address concerns related to the ongoing violence and take proactive remedial measures. The court had then called for necessary arrangements in relief camps and precautions to protect places of worship and rehabilitate displaced persons.
The Forum had requested the deployment of the Army in tribal areas to control the situation, a request that the court declined. The bench also heard a plea from the Manipur government challenging a High Court order that effectively lifted the internet shutdown in the state.
In a related case, the apex court granted interim protection to a lawyer charged with sedition after she accompanied a fact-finding team to investigate the violence.