What is the political status of the State of Manipur?
Manipur is a Monarchic State but governs by the people representatives elected by the people of Manipur democratically.
Where is situated the Manipur?
Manipur is bounded by the Indian States of Nagaland to the north, Mizoram to the South, and Assam to the West; Myanmar (Sagaing Region and Chin State) lies to its East.
Who is the head of the State?
His Highness the Maharaja of Manipur is the head of the State.
What is the constitutional position of the Maharaja of Manipur?
Maharaja of Manipur enacted the Manipur State Constitution Act 1947 as a sovereign authority since then Maharaja remains as a constitutional Monarch. Maharaja right, power and jurisdiction limited by the constitution and exercisable by the Maharajah subject to the provision of this Act.
Who is the legal sovereign authority of the State of Manipur?
The Manipur State Council exercise full executive authority in the State with the approval of His Highness. Any provision of Manipur State Constitution Act 1947 has authority to amend by the Maharajah in Council provided that such amendment is laid before the State Assembly and receives the support of at least 80% of the members of the State Assembly present and voting.
What is the political system of Manipur?
Manipur is a constitutional Monarchy rule State.
When Manipur got independence from the British?
Manipur got independence from the British on 14 August 1947
How Manipur got Independence from the British?
Manipur got independence from the British by the bilateral political agreement made between the Agent to the Crown Representative and Manipur State Darbar.
What is the geographical area of Manipur?
The State’s territory consists of a valley 700 square miles [1,806 sq.km.] in the area and surrounded by a belt of hills 8000 square miles [20,640 sq.km.] in the area.
When it was established the political relationship between Manipur and British?
British defeat Manipur in a declare war of 1891 immediately the Government of India [British Government] declared that Manipur State is forfeited to the Crown, but later, in its clemency decided to regrant it to a minor boy, Chura Chand Singh born on 15 April 1885. This boy was the great-grandson of Maharaja Nar Singh and was the youngest of five brothers. The Sanad issued by the Government of India to Chura Chand Singh as the newly appointed king of Manipur.
When it was breaking out the war between Manipur and British?
The friendship relationship between Manipur and British since 1762 ended when breaking out war in March 1891.
How was the British established political relationship with Manipur after defeated Manipur in the Anglo-Manipur War of 1891?
Manipur State ruled by the native King of Manipur by introducing the Rules for the Management of the State of Manipur under crown paramountcy and suzerainty.
What is the Manipur State Constitution Act 1947?
The codified Manipur State Constitution Act 1947 is a legal constitution of a sovereign State set of rules and principles that describe how a country govern and administer; it also describes the role of the constitutional institutions in Manipur and describes its citizens’ sovereign rights. It describes and directs the legal way to form a State Government under the Manipur State Administration Rules 1947.
What are the sources of the codified Manipur State Constitution Act 1947?
Manipur constitution got in codification from the Crown paramountcy and the Manipur State Constitution Act 1947 enacted by His Highness the Maharaja of Manipur as a sovereign authority; therefore, a special general clause is provided at section 57 that “wherein any case circumstances arise which prevent the proper operation in law or in the spirit of this Constitution Act, the Manipur State Council may at their discretion refer the matter for decision to such authority outside the State as may be decided hereafter and the decision of that authority shall be binding”. Sovereign is the sources of law, and a sovereign is the supreme law-making authority. His Highness the Maharaja of Manipur was an absolute sovereign until immediately enacted the constitution after enacting the legal constitution Maharaja became a titular sovereign. As the Maharaja’s sovereignty shifted to the people of Manipur by enacting a legal constitution introduced a democratic political society in the State since 1 January 1947. The State governance and administration transformed from an absolute monarchy system to a constitutional monarchy system. After having the State constitution, His Highness the Maharaja of Manipur promulgated the Manipur State Administration Rules 1947 as a part of the State Constitution Act 1947 for the administration of Manipur State.
What is a de jure Government?
The term that applies to the legally constituted government that has been placed in power in accordance with the laws of the land. The legal and regularly constituted government of a State is called a de jure government, while a de facto government is one which is in control of political affairs in a State or a section of a State, though it may have been set up in opposition to the de jure government.
A de jure government is the legal, legitimate government of a State and is recognized by other States. In contrast, a de facto government is in actual possession of authority and control of the State. For example, a government that has been overthrown and has moved to another State will attain de jure status if other nations refuse to accept the alien or de facto government’s legitimacy.
There is a distinction between de jure government and the de facto government. De jure government is one constituted legally and is legally recognized. De facto is the government which is in place illegally.
What is a de jure government-in-exile?
A de jure government-in-exile may function with full governmental authorities, even if under normal circumstances such acts would traditionally require an act of parliament; because the functioning of the traditional government is suspended from the occupation, the powers are inserted in the pretender prince. These full governmental powers include establishing embassies, creating treaties with other nations, appointing government officials, making changes to, and updating laws, and continuing the dynastic duties.
The de jure sovereignty of a State which has been usurped by a foreign conqueror is not extinguished by such usurpation but survives if sovereignty is kept alive by competent diplomatic protests.
Governments-in-Exile are subjects of public international law, and matters relating to them are within the scope of the jurisdiction of public international law as the applicable proper law rather than the law of the place where that government-in-exile may be located. Under general international law a government-in-exile, monarchical or republican, is deemed to have the implied constitutional power to perform all normal acts of State including those acts which by its constitution would require the consent of an organ of government, such as a parliament, which are at present suspended due to the conditions arising from the usurpation of sovereignty.
There is still deeper significance to this anomalous condition of sovereignty in exile. There is no automatic extinction of a nation. Military occupation may seem final and permanent, and yet prove to be only an interregnum, though a prolonged nightmare for the inhabitants. A nation is much more than an outward form of territory and government. It consists of the men and women in whom sovereignty resides. So long as they cherish sovereignty in their hearts, their nation is not dead. It may be prostrate and helpless and yet revive. It is not to be denied the symbols or forms of sovereignty on foreign soil or diplomatic relations with other nations.
The Chief Minister of the de jure Government of Manipur as a Chief Executive of the State is discharging my constitutional duty under the land’s law means the sovereign State of Manipur. De jure Government is legitimate Government.
International law recognizes that governments in exile may undertake many types of actions in the conduct of their daily affairs. These actions include:
- becoming a party to a bilateral or international treaty
- amending or revising its own constitution
- maintaining military forces
- retaining, or newly obtaining, diplomatic recognition from other states
- issuing identity cards
- allowing the formation of new political parties
- holding elections
In cases where a host country holds a large expatriate population from a government in exile’s home country, or an ethnic population from that country, the government in exile might come to exercise some administrative functions within such a population.
What is the recognition of a de jure Government?
Recognition of governments:
The question of recognition of government normally arises only with regard to recognized States. When a State recognizes a new “government,” it usually acknowledges a person or group of persons as competent to act as the organ of the State and to represent it in its international relations. The only criterion in international law for the recognition of an authority as the government of a State is its exercise of effective control over the State’s territory. States may, however, continue to recognize a government-in-exile if an incumbent government is forced into exile by foreign occupation or the de facto government in situ has been created in violation of international law. Despite a trend in the literature to the contrary, there is still no rule of general or regional customary international law that a de fac to government, to be a government in the sense of international law, must be democratically elected. Attempts to introduce such a requirement either by treaty (Central American Treaties of Peace and Amity of 1907 and 1923) or as a matter of national (Tobar, Wilson and Betancourt doctrines) or regional policies (Santiago Commitment to Democracy and the Renewal of the Inter-American System, OAS General Assembly Resolution 1080 of 5 June 1991) have failed.
According to International law, even though a State and its territory are often seen as synonymous, a State exists only in law. It must therefore act through its Government. One must not confuse recognition of the States with that of governments. In itself, a change of Government does not affect the State. Even when the change has been brought about by unconstitutional or violent means, the legal personality of the State is unaffected (as are treaties to which the State is bound). The State has inherent authority in itself. The question of recognition of a government arises only when it has come to power unconstitutionally. A change of Government does not affect that Statehood. The Government can change, and others can replace the Government.
In the case of the de jure Government of Manipur has an attractive as given below:
Overthrow of a Government:
The overthrow of a government and installation of an unconstitutional government of a State by a foreign power does not create an entity authorized to act on behalf of the defeated State. A government created in such a circumstance may be a puppet government or de facto government, and its actions will be considered those of the State that forcibly installed it (Crawford, 2006), although an occupation government “regulated within the framework of Chapter VII of the Charter of the United Nations” presents a distinct case; absent a competing government-in-exile, it may possess general status as an entity authorized to act on behalf of the State, even though it is not an indigenous government and has not been elected or otherwise chosen by the people of the State”.
Conquest and annexation:
In the past, conquest (sometimes called subjugation), followed by annexation, was a means of acquiring valid title to territory. Whether annexation now provides good title will therefore depend on (1) the international law at the time (the intertemporal principle), (2) (possibly) whether the annexing state has established effective control over the territory, and (3) whether other states have recognized the annexation. Even in the period between the two World Wars, it was not clear if a state could acquire good title by conquest and annexation. Now Article 2(4) of the UN Charter prohibits the threat or use of force against the territorial integrity of the State.
Governments in exile:
When a foreign power or invader have occupied a State, its government may flee abroad and, provided the state of refuge agrees, operate as a government-in-exile with the same legal status as it had before. Recognition of an occupation government established abroad before it has gained control over the greater part of the State’s territory may well be premature and amount to interference in the affairs of the State.