·The Hindu·15 marks·250–350 wordsPolityDefence

Analyse the interplay between the Centre and the State in declaring 'disturbed areas', with reference to Manipur.

In this answer
  1. Powers are shared, accountability is not
  2. State-led rollback (2022–23)
  3. Centre-led reassertion (2024–26)
  4. The structural asymmetry

Under Section 3 of the Armed Forces (Special Powers) Act, 1958, a 'disturbed area' may be declared either by the Governor of the State or by the Central Government [1]. This concurrent authority makes every declaration a negotiated federal act rather than a unilateral one — a point Manipur's recent record illustrates sharply.

Powers are shared, accountability is not

  • Section 3 vests the notifying power in the State's Governor and the Centre; but Section 6 vests sanction for prosecuting armed forces personnel solely in the Central Government [1].
  • The State thus controls the ground-level law-and-order assessment, while the Centre controls the forces deployed and their legal protection [1].

State-led rollback (2022–23)

  • Manipur's Home Department issues its own Section 3 notifications, and citing an improved security situation it progressively withdrew coverage from valley police stations from April 2022 [4].
  • The Centre endorsed and extended this calibration, further reducing disturbed areas in Nagaland, Assam and Manipur from 1 April 2023 [2].

Centre-led reassertion (2024–26)

  • After ethnic violence from 3 May 2023, the rollback was partly reversed and valley police stations were renotified in November 2024.
  • President's Rule (Feb 2025–Feb 2026) collapsed the distinction altogether: the Governor's Section 3 power was exercised under Union authority.
  • Today the whole State stays notified except 13 police stations in five valley districts [3].

The structural asymmetry

  • Six-monthly renewals need no parliamentary approval, unlike a proclamation under Article 356; a State's dissent carries persuasive, not legal, force.
  • Yet notifications are now drawn police-station-wise, showing the Centre does respond to State assessments [3].

The interplay is therefore cooperative during de-escalation and Centre-dominated during escalation. A statutory duty to record reasons, consult the State, and table renewal notifications in Parliament — alongside the Jeevan Reddy Committee's proposal to relocate these powers into a general law [5] — would align the disturbed-area regime with cooperative federalism and Article 21 safeguards.

Sources

  1. 1The Armed Forces (Special Powers) Act, 1958 — MHASection 3 dual notifying authority (Governor/Central Government); Section 6 sanction vested in the Centre
  2. 2PIB, Government of India again reduces disturbed areas under AFSPA in Nagaland, Assam and Manipur (2023)Centre-endorsed reduction of disturbed areas from 1 April 2023
  3. 3MHA, Major Initiatives and Peace Process in North Eastern States (April 2026)current notified extent; revocation from 13 police stations in 5 Manipur districts; police-station-level calibration
  4. 4MHA-hosted Government of Manipur AFSPA notificationState Home Department issues its own Section 3 notifications for valley police stations
  5. 5Lok Sabha Starred Question No. 34 (25.11.2014), MHAJeevan Reddy Committee: repeal AFSPA and insert its provisions into the UAPA, 1967
Practice
11 questions on this article
Check the answer for each question, or reveal all at once.
Practice MCQs →

More from this note

More on Polity