Imphal Times Supplementary issue 2 Editorial Saturday August 11,, 2018 Constitutional development of in a nutshell By - Rajkumar Maipaksana Repeating history – Will Contd. from yesterday MANIPUR be in the ratio of 30:18:3 respectively Council of Ministers should be made The dejure and defacto with an additional two seats, are responsible in the modern idea and it burnt the state again STAND STILL AGREEMENT constitution of Manipur was the representing the educational and in a responsible form of government. ‘Three words’ which was signed between the NSCN- On the eve of the implementation of Manipur Constitution Act, 1947. It commercial interests. Precisely the The second defect was that whereas the Indian Independence Act the was framed by a Constitution Assembly would consist 53 members the six Ministers were to be elected IM and the then interlocutor of the Government of British Government made advance making Committee popularly called of which 30 members from 30 General by the MLAs, the Chief Minister India Mr. Padmabhaiya killed 21 people and burnt Special preparations in respect of the Constituent Assembly constituencies, 18 members from 18 was to be appointed by the almost all offices of political parties in the state of the native States of India for the consisting of 16 members hill constituencies, 3 members from Maharaja in consultation with the Manipur. It was June 14, 2001, a day after the then transitional period between the representing the people and 3 Mahamaden constituencies, one Ministers. This gave the Maharaja Defence Minister George Fernandes of Samata Party, transfers of power and finalization officials of Manipur. member representing educational Powers to appoint any person of his which was an alliance of the then NDA government of the Constitution of free India. So The political development event in interest and one member choice even though the person headed by Prime Minister Atal Bihari Vajpay, declared a Stand Still Agreement was brought India during 1946 and 1947 were representing commercial interest. might be an unpopular one. in a public meeting at GM hall here in that no out by the Government. Most of the also reflected in the State of (2) The executive authority Moreover the absence of any such thing like extension of cease fire between the rulers signed it. The Maharaja of Manipur. The Constituent for the administration of Manipur provision in the Act that “A government of India and the NSCN-IM would extend Manipur, Bodhchandra Singh also Assembly for framing the was delegated to a Council of Minister who is not a member of the to the state of Manipur. entered into much a Stand Still constitution of Free India, as Ministers which shall consist of a Assembly for a period of six months Agreement with the Government of envisaged in the Cabinet Mission Chief Minister and six other consecutively shall at the expiry of The signing of the agreement of extending cease India on the 2nd July, 1947. Plan, was constituted in the last Ministers. The six Ministers would that period cease to be Minister” as fire agreement ‘without territorial limit’ at Bangkok INSTRUMENT OF ACCESSION part of 1946. It consisted of 229 be elected by the Assembly subject provided in Indian Constitution the on June 14, 2001 showed that the then Interlocutor The British Parliament passed the representatives from the then 12 to the provision that two of them most important post among the Padmabhaiya either have no respect for the Defence Indian Independence Bill, 1947 on provinces and 70 nominated would be elected representatives of Ministers that is the Chief Minister, Minister of the Country or the defence Minister simply the 10th June, 1947. It became the representatives of 92 Indian States the hill people. The Chief Minister might be given to a person who was tried to fool the people of the state as the signing Indian Independence Act, 1947 the (Native States) and groups of would be appointed by the Maharaja not elected by the people. was done a day after he left Imphal. next day but it would come into force States. Manipur, Tripura and Khasi in consultation with the Ministers. According to the constitutions in If one recalled, the mass uprising following the on the 15th August, 1947. The Act States group was represented by The Chief Minister and Ministers the democratic countries a no signing of the agreement – for the first time in the provided the division of the India one person namely one Guha from would receive letters of appointment confidence motion against the the temple of democracy was into the Indian Dominion and Tripura. The constitution of free over the seal of the Maharaja. The Council of Ministers or an individual burnt. The then speaker was humiliated by the angry Pakistan Dominion and the transfer India was framed by and adopted Council of Ministers would be jointly Minister shall have the same effect of power would be effected in the by the Constituent Assembly responsible to the Maharaja for the if the motion was to be passed by a mob and one MLA was half burnt as no one noticed exact time just after the midnight of (Consembly in short) on 26-11-49 administration of the State (art, 12). simple majority of the MLAs him hiding at a corner of the Manipur Legislative 14th August, 1947. The Act further and came into effect on 26-1-50, on A vote of no confidence against a present and voting. But the 1947 Assembly office building when people burnt it. mentioned that with the transfer of which the first Republic Day of Minister for his individual acts the Manipur constitution provided the This write up is a reminder of how sensitive is the power from the British Government India was celebrated. motion would be signed by not less support of 75 P.C. of the members issue which concerns the integrity of the state. to the Indian Government the known A similar event also than 10 MLAS and would receive the present and voting on a no- The signing of the Frame Work Agreement and the as the British Paramountcy over the took place in Manipur. The idea of support of at least 75 percent of the confidence motion to be moved by recent submission of report to the Lok Sabha and 563 Native States in India also lapsed setting up a Constitution Making Members present and voting before the ten MLAs. This was the third Rajya Sabha by the Parliamentary committee which and the administrative power would Committee to frame a constitution it is passed. defect. signals partition of the state on administrative line be returned to the rulers of the of Manipur was mooted by the (3) The Maharaja in Council was In spite of these defects the of a specific ethnic community once more gear up States. These rulers were given the Maharaja (Bodhchandra Singh, empowered to exercise his absolute constitution itself might have given the anger of the people as it was an issue which option of accede according to son of Churachand). The right to promulgate during greater autonomy to Manipur if it Indian Dominion or Pakistan Committee would consist of two emergency cases order having the was not superseded by the Manipur took 21 lives and burnt almost all political parties Dominion or to remain free and Durbar Members; one force of law without previous Merger Agreement, 1949. offices of the state. independent, since the representative from the Chief reference to the Assembly. THE FIRST ASSEMBLY Mass uprising of June 18 was when the NDA administrative and constitutional Court, one non-official nominee, (4) The Manipur Appointment Board The interim Ministry in Manipur government led by the BJP was at the center. And powers returned to the rulers of the five representative from the valley shall be constituted and the Council functioned from the 14th August, simmering tension which provoked the major civil states with the lapse of the British and the Hills. The President of the shall issue rules regulating the 1947 to the 7th October, 1948. society organizations of the state today is also at a Paramountcy. Manipur State Durbar would be its constitution, functions of the Board. Meanwhile the Manipur time when the BJP led NDA is in power at the center. The Maharaja of Manipur Chairman. On January 21, 1947 five (5) There would be a complete Constitution Act was implemented Life in Imphal and other other major district have Bodhchandra Singh, who was the members representing the valley separation of the judiciary from the and in pursuance of its provisions been completely put to a grinding halt. Government legal head of the State decided to were elected by Chowkidars and executive. The judicature from the the election of the Assembly offices and other establishment including banking accede to the dominion of India. On Numbers. Five representatives and State would be laid down in the envisaged in the Act took place in have been paralyzed. Tomorrow will make no 11th August, 1947 he signed the others were virtually nominated by Manipur State Courts Act, 1947. A the later half of 1948. Elections in Instrument of Accession to India. the Government of Manipur. Chief Justice of the State and two the valley were held on the 11th & difference as another group called bandh in the same According to the Instrument of The constitution of the puisne judges would be appointed 30th June, 1948 and in the hills on issue. That means two working days will put life in Accession Manipur Acceded to the constituent Assembly was by the Maharaja and would hold the 26th and 27th July, 1948. Imphal a dead state. It is only the police department Indian Dominion in three subjects announced by the Maharaja on 10- office until the age of 65 years. The 53 member Legislative which is busy during the bandh and all development only namely Foreign Affairs, 3-47. The members were 1. F.F. “The whole territories for the time Assembly of Manipur was not only works of the government and the private Defence and Communication. In all Pearson (P.M.S.D.) Chairman, 2. S. being and hereinafter vested in the the first of its kind in the state to be entrepreneurs as well as school children will be two other subjects Manipur enjoyed full Somorendra Singh, 3. Md. Kazi Maharaja were governed by and in elected on adult franchise but also days back comparing to other states across the autonomy and was in no way under Walliullah (representing the the name of the Maharaja. All rights was only the first law-making body country. The haunt of July – August has once more the Government of India. Analogous Durbar), 4. L.M.. Ibungohal Singh authority and jurisdiction which to be elected on adult franchise in arrived. to the interim Government at the (Chief Court). 5. S. Bijoy Singh appertain or any incidental to the India. Adult franchise in India was Promises to make the state a bandh free by the Centre in India, an interim (Jiribam), 6. A. Ibotombi Singh Government of such territories and introduced in 1952 to elect the present N. Biren Singh led government turns as a Government was also constituted on (alias Minaketon) (non-official), 7. exercisable by Maharaja subject to popular representatives to the Lok the 14th of August, 1947 a day prior H. Dwijamani Dey Sharma (8) Dr. the Provision of this Act”. Sabha and State Assemblies. joke. to the Independence of India. The L. Leiren Singh, (9) L. Jogeswar (6) Lastly the constitution laid down The first meeting of the first Manipur When I recalled, it was the mass uprising of June interim Government of Manipur was Singh, (10) S. Krishnamohon in Chapter X the fundamental rights State Assembly was held on the 18th month against the extension of the cease fire to the headed by M.K. Priyobrata Singh as Singh, (11) Mera Jatra, (five and duties of citizenship. It provided October, 1948 at the Durbar Hall in state of Manipur that the Chief Minister of Manipur the Chief Minister and consisted of representatives of the valley)(12) that all citizens shall be equal before the palace compound. The first began his political career. His stand for safeguarding six other ministers. Two were Daiho, (13) Thangkhopao Kipgen, the law. Titles and other privileges popular Ministry also started the state of Manipur made him peoples’ choice and nominated by the Manipur State (14) Tiangkham, (15) Teba Kilong of birth shall not be recognized in functioning from that time. The finally made a roadway to politics. It was again the Congress and they were Rajkumar and (16) R. Suisa, (five the eyes of the law. The identity of Ministry was headed by M.K Congress regime inability to handle the multiple issues Bhubonsana Singh and S. representatives of the hills). the individual shall be guaranteed. Priyobrata Singh. The other of the state including the prolonged Economic blockade Krishnamohon Singh. The constitution The Chapter also provides that no Ministers were Dr. N. Leiren Singh, called by a frontal body of NSCN-IM that he left the Two of them represented the Hills Making Committee finalized the person shall be tried except by a A. Ibungotomcha Singh, A. congress party and joined the BJP and it was his namely R. Khathing and T.C. framing of a constitution of competent court, who shall give full Gourabicihu Singh, Md. Alimuddin, Tiangkham. The remaining two Manipur and adopted it on 26-7- opportunity to such person to R. Khathing and Teba Killong. The fate that he became the Chief Minister of Manipur. Ministers who were nominated by 47 and submitted it to the Maharaja defend himself by all legal means. All Speaker of the Assembly was T.C. It was not the choice of the BJP but rather his fates the .Government of Manipur were for his approval In a Public penalties should be determined by Tiangkham and Deputy Speaker that make him hold the most top position of the K. Gouro Singh and Md. Basiruddin declaration of Maharaja, law. Capital punishment may not be was T. Bokul. All of them except the state. Ahmed. announced that he gave his assent inflicted for purely political crimes. Chief Minister were popularly Well, the once upon a time lion (Meitei Nongsha) of The dissident members of the to the constitution which came to Article 52 provides that there shall elected MLAs. the soil now is more like a lion of the circus which a Manipur State Congress under the be known as the Manipur be guaranteed to all people justice, MANIPUR MERGER AGREEMENT master keeps controlling to perform as desire by the leadership of Elangbam Tompok Constitution Act, 1947. social and po1itical equality of During the period from the 14th master. Singh however were not satisfied MAIN FEATURES OF status, of opportunity and before the August, 1947 to the 14th October, Knowing that it is wrong to keep Prof. A P Pandey with the composition of the interim THE 1947 CONSTITUTION law, freedom of thought expression 1949 Manipur enjoyed full here in Manipur University he did not have the guts Ministry and demanded that four Main features of the of belief, faith, worship, vocation, autonomy in the Indian Dominion to urge the central leadership which is in the same Ministers should be offered to the Manipur Constitution Act,1947 association action subject to Law in the administration of all internal Congress instead of two. was one of the outstanding and public morality. Article 55 matters except Defence, Foreign political party in a courageous manner. He cannot Moreover the draft constitution contribution of the Maharaja of provides that all officials of the state Affairs and Communications which argued the implication of Article 371(A) to all the prepared by the Constitution Manipur towards the of Local Government shall be were subjects added to the Naga Inhabited region of NE states of Manipur. He Making Committee was described decentralization of powers in the answerable before the law for their Government of India under the can’t present a bold statement on why the 6th inadequate to fulfill the aspiration modern democratic line wherein be individual and unlawful action. instrument of Accession. However Scheduled of the Indian constitution is not applicable of the people for a full responsible would remain as a constitutional The constitution provided that its the Government in New Delhi to the state of Manipur even as the similar kind is government, became the Council of monarch. provision may be amended if at least evolved a plan to integrate all the being incorporated with the article 371(C) of the Ministers envisaged in the The following points 80 P.C. of the MLAs present and native States with India to counter Indian constitution. constitution, would be responsible may be noted: (1) There should be voting would give the consent for a move for Balkanization of the BJP’s leaders always said that it is the country first, to the Maharaja. constituted a State Assembly, any amendment. country. The iron man of India, then come the Party. Our Chief Minister N. Biren So in the later half of November 1947 which would be elected for a term Criticism of the Constitution: There Sardar Vallabhbhai Patel, who was Singh who is also a BJP member should follow the the Manipur State Congress of three years. It would comprise are of course some defects in the in charge of the State Department a (Tompok group) launched the representative freely elected by Manipur Constitution Act, 1947. The newly set up department, launched tradition of the BJP and even ready to sacrifice his biggest ever Styagraha movement the people on an adult franchise first defect is that the Council of the grand operation to rope in the position if Manipur is at the verge of distinction. in Manipur demanding the and on the basis of joint electorate. Manipur was to be responsible to 563 Native States into the Indian establishment of a full responsible The representatives’ returnable the Maharaja and responsive to the union and it was popularly known Letters, Feedback and Suggestions to ‘Imphal Times’ government in the state. from the General, Hill and Assembly. This Clause deprives the as Bloodless Revolution. can be sent to our e-mail : [email protected]. REAL CONSTITUTION OF Mahamaden constituencies shall powers of the Assembly to whom the Continued at Page 3 For advertisement kindy contact: - 0385-2452159 (O)

Edited by Rinku Khumukcham, Owned and Published by Iboyaima Khuman at Keishamthong Elangbam Leikai, Imphal and Printed by him at M/s Imphal Times Printers, Elangbam Leikai Imphal West, Contact No. 2452159, Resident Editor- Jeet Akoijam