This article is written by Anurag Nandan Rai, B.A.LL.B. (Hons.) III year, University of Allahabad during his internship at LeDroit India.
Keywords
- Judiciary
- Manipur Violence
- Suo Motu
- Fundamental Rights
- Ethnic Conflict
- Supreme Court of India
- Rule of Law
Abstract
In a democratic nation like India, where the separation of powers is constitutionally enshrined, the judiciary plays a pivotal role in safeguarding constitutional values, especially during periods of internal conflict. This article explores the proactive role of the Indian judiciary in addressing internal disturbances, with a special focus on the 2023 ethnic violence in Manipur. Triggered by a controversial decision regarding Scheduled Tribe status, the conflict led to widespread violence, displacement, and human rights violations. The Supreme Court, invoking its suo motu powers, intervened decisively to ensure justice, accountability, and rehabilitation. Through actions such as monitoring investigations, constituting a judicial committee, and upholding the rule of law, the Court reaffirmed its role as the guardian of fundamental rights. This article highlights the judiciary’s constitutional mandate to balance national security with civil liberties and examines key judicial interventions in similar past conflicts to underscore the judiciary’s indispensable role in preserving justice, equality, and democracy in times of crisis.
Introduction
In India powers are separated between three organs of the government i.e. Legislature, Executive and Judiciary. The role of legislature is making of law, executive implements the law and judiciary interprets the law.
During May, 2023 a situation of civil unrest and ethnic violence was observed in Manipur. This critical situation arose due to conflict between two communities i.e. Meitei and Kuki. The cause of conflict was decision of Manipur High Court to consider the demands of Meitei Community and include them in Scheduled Castes (STs) list. This demand was strongly opposed by other STs, particularly the Kukis and with the time the situation turned into an ethnic violence. Kukis feared that this decision will dilute their constitutional protection over their land and political rights.
This ethnic violence caused mass displacement, arson, killings, sexual violence, and the destruction of property. A particular crisis was the viral video showing two Kuki women being paraded naked and sexually assaulted by a mob. The video, which went viral in July 2023, drew national outrage and forced the government and judiciary to act.
The Apex Court of India takes suo motu cognizance of the matter on July 20, 2023. It strongly condemned the violent situation and delayed arrest of offenders. The Supreme Court established the committee of three judges to look into the matter. This committee was headed by Justice (Retd.) Gita Mittal.
Key actions taken by Supreme Court
- Suo Motu Cognizance–
Then CJI DY Chandrachud described the act as “deeply disturbing” and directed both the Union and Manipur State Governments to submit status reports. The Court stressed that the delay in arresting the perpetrators reflected a constitutional failure. - Monitoring the Investigation–
The Supreme Court supervised the CBI probe into the incidents of sexual violence and custodial lapses to ensure independent and credible investigation. - Constitution of Committee–
A three-member committee headed by Justice (Retd.) Gita Mittal was appointed to:
- Oversee humanitarian relief and rehabilitation of victims
- Monitor delivery of justice and ensure due process
- Recommend long-term structural reforms for governance in Manipur
- Safeguarding Fundamental Rights–
Through its intervention, the Court reaffirmed its role as the guardian of constitutional rights, especially where state machinery fails. - Judicial Oversight-
The Supreme Court maintained continuous oversight of developments, holding the government accountable and directing steps to restore peace, dignity, and justice.
Judiciary
Judiciary is the branch of government that is responsible for interpreting the laws, settling disputes and administering justice. It acts as a watchdog of Indian democracy and the guardian of constitution. Judiciary maintains checks and balances. In India, Judiciary is a hierarchical system with Supreme Court at the top, followed by High Courts at the state level and then comes the subordinate courts like district and local courts.
Article 50 of Constitution of India provides for independence of judiciary from legislature and executive. Judiciary must be an independent body for making impartial decisions.
Role of Judiciary in Internal Conflicts
- Guardian of Fundamental Rights
The judiciary plays a key role in safeguarding the rights of individuals affected by internal conflict, including:
- Article 14 provides for Right to Equality.
- Article 19 provides for Freedom of speech, movement, etc., and
- Article 21 provides for Right to Life and Personal Liberty.
Example: In the Manipur violence (2023), the Supreme Court took suo motu cognizance to ensure relief and protection for victims, especially women.
- Judicial Review of Executive/Legislative Actions
The judiciary ensures that state actions, especially during conflict, do not exceed constitutional limits or violate human rights.
- Strikes down arbitrary laws like preventive detention without reason.
- Reviews deployment of armed forces and AFSPA-related excesses.
Example: In Nandini Sundar v. State of Chhattisgarh (2011), the Supreme Court declared state-sponsored Salwa Judum militia unconstitutional.
- Upholding Rule of Law
During internal disturbances, courts ensure that the rule of law prevails over mob justice, vigilante actions, or police brutality.
- Ensures due process in arrests and trials.
- Demands accountability from police and armed forces.
- Protection of Marginalized and Vulnerable Groups
Conflicts often disproportionately impact women, minorities, and tribal communities. The judiciary ensures their safety, rehabilitation, and compensation.
Example: In National Human Rights Commission v. State of Gujarat (2009), the Supreme Court monitored the Gujarat riots investigations and trials.
- Directions for Truth, Justice, and Reconciliation
Courts often set up or monitor special investigation teams (SITs), commissions, or tribunals to investigate human rights violations during conflict.
Example: SITs in 1984 anti-Sikh riots and 2002 Gujarat riots were set up following judicial intervention.
6. Suo Motu Intervention
In grave cases where the state machinery fails or is complicit, the Supreme Court or High Courts take suo motu actions to deliver justice.
Example: Manipur Sexual Violence Case (2023) – the Supreme Court formed an all-women committee to investigate and monitor relief.
7. Balancing National Security with Civil Liberties
The judiciary often walks a fine line between enabling the state to maintain order and preventing excessive state power.
Example: While courts may uphold AFSPA, Armed Forces (Special Forces) Act, in disturbed areas, they have also restricted its misuse through guidelines like in, Extra Judicial Execution Victim Families Association v. Union of India, 2016.
Conclusion
The Manipur violence of 2023 highlighted a grave breakdown in constitutional machinery, public order, and human rights. In such critical times, the judiciary stood as a beacon of hope and accountability. By taking suo motu cognizance, ensuring independent investigation, and constituting a judicial committee, the Supreme Court reaffirmed its role as the guardian of fundamental rights and the Constitution. The judiciary not only provided immediate relief and oversight but also sought long-term structural reforms to restore faith in democratic governance. In internal conflicts, where executive action is delayed or compromised, judicial intervention becomes crucial for upholding the rule of law, protecting vulnerable communities, and preserving the ideals of justice, equality, and human dignity.
References
- https://en.wikipedia.org/wiki/Judiciary
- https://www.dhyeyalaw.in/indian-judiciary
- https://indianexpress.com/article/india/manipur-violence-supreme-court-seeks-probe-status-reports-from-govt-agencies-9208731/
- https://byjus.com/free-ias-prep/indian-judiciary/
- https://en.wikipedia.org/wiki/2023%E2%80%932025_Manipur_violence
