Thursday, February 20, 2020

BREAKING NEWS:

‘Extension of Inner Line Permit System in Manipur is unconstitutional’
IFP Bureau | First Published: February 14, 2020 01:00:56 am
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Former MLA L Ibomcha on Thursday said that the extension of Inner Line Permit System (ILPS) in Manipur under the Bengal Eastern Frontier Regulations, 1873, is unconstitutional, void and has no force of law.

“The notification for the Adaptation of Laws (Amendment) Order, 2019 notified by the President of India in the official gazette of Ministry of home affairs, government of India on December 11, 2019 for extension of ILP in Manipur, has serious legal flaws,” stated the MLA from Keishamthong constituency, who is also a former secretary (law).

Speaking to the media at his residence at Keishamthong Laisom Leirak, the constitutional expert pointed out that the Adaptation of Laws (Amendment) Order, 2019 was issued by the President December 11, 2019 in exercise of power conferred under Clause (2) of Article 372 of the Constitution.

Also Read: Rectify ILPs gazette notification, JCILPS reiterates

Ibomcha noted that the said clause (2) provides that the President can make adaptations and modifications of law as necessary and specify the date from which the same would be effective.

“However, in view of the provisions of clause 3 (a) of the Article 372, the President can exercise the powers under clause (2) not beyond three years from the commencement of the Constitution, i.e. the twenty sixth day of November, 1949,” he said.

This means that the validity of three years for the President to exercise his power under clause (2) of Article 372 to notify Adaptation of Laws (Amendment) Order, 2019 expired on November 26, 1952 as there was no constitutional amendments that extended the power, he added.

Ibomcha further said the last of such notifications issued by the President was on July 27, 1952 before the expiry of the three years’ period. He went on to add that in this context, the Supreme Court in Civil Appeal No 4918 of 1984 decided on April 19, 1994 (State of Sikkim vs Surendra Prasad Sharma and Others) had also observed that, “Article 372 (3) (a) makes it clear that this special power conferred on the President is transitory in nature and will not ensure beyond three years from the commencement of the Constitution.”

Also Read: Manipur: Entry permit goes digital

Ibomcha continued that in view of the above discussion, the President should not have exercised his power under the said provision as per mandate of the Constitution of India. “What will be the fate of the action taken on the basis of the said impugned adaptation order is very annoying,” he remarked.

Ibomcha maintained that the only alternative action to be taken by the union government to tide over from the present impasse is to introduce a Bill on ILP in the current session of Parliament.

The bill should be introduced to validate the impugned adaptation order by inserting a validation clause for saving all the actions taken under the said impugned adaptation order from the date of its notification, he said.

“The MPs and government officials should have understood the loopholes earlier. Nevertheless, we have to raise our voice to rectify such mistakes failing which our future generation will spit on our graveyards,” Ibomcha said while adding that he will send recommendations to MPs and minister to do the needful.

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