Abstract
Constitutional democracy, as derived from the Preamble of
the Indian Constitution, unequivocally affirms that sovereignty vests in the
people. The Preamble begins with the words “We, the People of India”,
making it clear that all authority of the State is derivative, conditional, and
exercised as an agency on behalf of the sovereign people. The word “authority
is derived from authorization” is accurate, as authority fundamentally stems
from the formal granting of permission or sanction, which is the essence of
authorization. Philosophers like John Locke and Rousseau argued that true
authority must come from the consent of the people, otherwise it becomes
tyranny. When institutions of governance breach this mandate—whether through
inaction, abuse, or complicity—the people retain the ultimate authority to
resist unlawful authority and to intervene in order to save the Constitution
and restore justice. This principle is not novel: it finds its roots in the Magna
Carta of 1215, was reasserted during the Indian freedom struggle through
Mahatma Gandhi’s satyagraha and the Nupi Lal movement in Manipur, and is echoed
in Dr. B. R. Ambedkar’s Constituent Assembly warnings against constitutional
breakdown.
Freedom, as a natural
right, precedes the Constitution; the Constitution is born of freedom, not the
other way around. Consequently, the right to resist unlawful authority flows
inherently from the people’s sovereignty. Non-cooperation movements or peaceful
assertions against unconstitutional state action cannot be dismissed as
lawlessness but must be recognized as legitimate democratic assertion. This
article situates this principle within constitutional law, jurisprudence, and
historical experience, and further contextualizes it through the ongoing
constitutional crisis in Manipur since 3rd May 2023, which exposed
the systemic failure of both state and central authorities.
The analysis
concludes that resistance to unlawful authority is not rebellion but
constitutional restoration. A democracy that ignores this truth risks
collapsing into authoritarianism. Thus, the article reaffirms that the
Constitution breathes through the will of the people, and when institutions
fail, the sovereign people remain its ultimate guardians
I. Introduction
Democracy, at its root, is not a gift from rulers but a
mandate of the governed. The Indian Constitution, unlike many charters of the
past, does not derive legitimacy from a monarch, colonial overlord, or divine
sanction. Instead, it proclaims in its very first line: “We, the People of
India, having solemnly resolved to constitute India into a Sovereign Socialist
Secular Democratic Republic…” This declaration is not ornamental—it
embodies the essence of constitutionalism.
Government is not sovereign; the people are sovereign.
The State functions as an agent, much like a trustee under a power of attorney,
exercising authority delegated by its principal—the people. And as with any
agency, when trust is breached, authority misused, or the fiduciary duty
abandoned, the principal retains the right to revoke, resist, and restore what
has been violated.
This truth has been recognized across centuries. From the
Magna Carta of 1215, which forced the English crown to submit to the principle
that authority is limited by the rights of subjects, to India’s long struggle
against colonial rule, history vindicates those who resisted unlawful power in
order to preserve liberty. It is no surprise, therefore, that when Mahatma
Gandhi declared civil disobedience against unjust laws, or when Manipuri women
rose during the Nupi Lal movements against colonial and economic exploitation,
their actions were not lawless but profoundly rightful in spirit.
Dr. B.R. Ambedkar, the chief architect of India’s
Constitution, was deeply aware of this principle. In the Constituent Assembly
debates, he warned against “hero-worship” in politics and cautioned that if
constitutional methods are abandoned, democracy would give way to dictatorship.
Yet he also acknowledged that when institutions fail the people, the people
themselves remain the final safeguard of constitutional morality.
In this context, the events in Manipur since 3rd May 2023
stand as a test of India’s constitutional framework. The outbreak of violence,
the collapse of law and order, and the continuing inaction or complicity of
institutions expose not only a crisis of governance but also a breakdown of the
very machinery designed to uphold the Constitution. When both state and central
governments fail in their constitutional duties—even under President’s Rule—the
people’s sovereign right to assert their mandate comes to the fore.
This article seeks to explore that central question: When
institutions fail, do the people retain the right to resist unlawful authority
in order to protect the Constitution? The answer, grounded in history,
jurisprudence, and natural law, is unequivocally yes.
II. Constitutional Democracy and the People’s Mandate
The foundation of India’s constitutional democracy is the
principle that sovereignty lies with the people. Unlike earlier regimes
where sovereignty was located in monarchs, feudal lords, or colonial rulers,
the Indian Constitution explicitly reverses this hierarchy. It is not
Parliament, the Executive, or even the Judiciary that is supreme—it is the
people who are supreme.
(a) The Preamble: People as the Source of Authority
The Preamble begins: “We, the People of India…”.
This is not a rhetorical flourish but a juridical declaration of authority. The
government of India functions not by divine right, not by conquest, not by
hereditary succession, but by delegation from the people themselves.
This has a precise legal character: the
people act as principals, and the State and its organs act as their agents.
Like in the law of agency, when an agent exceeds authority, acts against the
interest of the principal, or betrays trust, such action is voidable.
Similarly, when the State betrays the trust of the people by abusing power or
failing to protect constitutional rights, the people retain ultimate authority
to revoke or resist such unlawful action.
(b) Ambedkar’s Vision of Popular Sovereignty
Dr. B.R. Ambedkar, in the Constituent Assembly, was clear
that democracy in India is founded not merely on legal text but on constitutional
morality. He observed:
“Constitutional morality is not a natural sentiment. It
has to be cultivated. Democracy in India is only a top-dressing on an Indian
soil which is essentially undemocratic.”
Ambedkar warned that if institutions are captured by
authoritarian tendencies, the people themselves must be vigilant to preserve
democracy. He emphasized that the ultimate source of legitimacy of government
action is not coercion, but consent.
(c) Constitutional Jurisprudence: Conditional Power of
the State
Indian courts have repeatedly recognized that the
government is not supreme over the Constitution. In Kesavananda Bharati v.
State of Kerala (1973) 4 SCC 225, the Supreme Court held that Parliament’s
amending power under Article 368 is not absolute; it is limited by the
basic structure of the Constitution. This principle reflects the idea that even
the highest institutions of governance are bound by conditions placed by the
people’s will as embodied in the Constitution.
Similarly, in Indira Nehru Gandhi v. Raj Narain (1975)
Supp SCC 1, the Court struck down a constitutional amendment that sought to
immunize the Prime Minister’s election from judicial review, holding that free
and fair elections are part of the basic structure. This judgment reasserted
that power is conditional, not absolute, and that institutions cannot override
the people’s sovereignty.
(d) Agency Analogy: Power of Attorney
To understand this relationship, one may use the analogy
of a power of attorney. When a principal grants authority to an agent,
that authority is always conditional:
- It must be
exercised in the principal’s interest.
- It cannot
exceed the scope of delegation.
- It must be
exercised in good faith.
Likewise, the Constitution delegates power to
government institutions on behalf of the people. Abuse of this authority is not
only a legal breach but also a constitutional betrayal. When such betrayal
occurs, the principal — the people — retain the ultimate right to revoke,
resist, or reorganize authority.
(e) Historical Recognition of People’s Sovereignty
This doctrine of conditional authority is not unique to
India. Its echoes can be heard in Magna Carta (1215), where the English barons
compelled King John to acknowledge that royal authority was subject to the
rights of subjects. The American Declaration of Independence (1776) similarly
asserted: “That whenever any Form of Government becomes destructive of these
ends, it is the Right of the People to alter or abolish it.”
India’s own freedom struggle embodied the
same principle. When Mahatma Gandhi launched the Non-Cooperation Movement
(1920) and Civil Disobedience Movement (1930), he did so not as an
act of lawlessness but as an assertion that unjust laws, imposed without the
consent of the governed, have no legitimacy.
Thus, constitutional democracy is not a one-way
delegation of power. It is a conditional trust, constantly revocable by
the people if betrayed.
- The article
began from the failure of the State to fulfil welfare obligations,
making taxation and fines morally/legally questionable.
- Then we
connected this to Ambedkar’s warnings, sovereignty of the people,
and institutional failure in Manipur.
- The key
thread is: when the State betrays its constitutional duty, people as
ultimate sovereigns can lawfully resist unlawful authority.
III. Freedom as a
Natural Right and the Constitution as Its Expression
The Constitution of India does not create freedom; it
only recognises and safeguards what is already inherent in the human condition.
Freedom is a natural right that predates all laws, charters, and constitutions.
It is born with human existence, just as growth is born with the child. Just as
no legislation can stop a child from growing into maturity, no statute can take
away the natural phenomenon of liberty which belongs to every individual.
This truth was acknowledged during India’s independence
struggle. Leaders like Mahatma Gandhi and countless unnamed martyrs did not
wait for a written Constitution to justify their resistance against colonial
power. Their claim was rooted in the moral certainty that freedom is a right
inseparable from human dignity. In the same way, the women of Manipur during
the Nupi Lal movements stood against economic exploitation long before
independence, affirming that people need no external grant to assert their
liberty.
It is precisely because of this truth that
the Indian Constitution came into existence after independence. It is
not the Constitution that gave India freedom; rather, India’s freedom gave
birth to the Constitution. This sequence of history is vital: it places the
people, not the State, as the ultimate source of sovereignty.
The Preamble confirms this by declaring, “We,
the people of India… give to ourselves this Constitution.” The act is
self-executing; it affirms that the people were already free and sovereign, and
the Constitution was their instrument of governance. If this instrument is ever
misused or corrupted by its agents—the institutions of government—the people,
as principals, retain the natural authority to intervene, correct, and even
resist.
Thus, when constitutional institutions fail
to safeguard liberty and justice, they do not extinguish the people’s freedom.
Instead, they expose their own illegitimacy. The sovereign people, endowed with
natural liberty, are entitled to assert their authority, not as an act of
rebellion against the Constitution, but as its deepest fulfilment.
IV.
Non-Cooperation and Constitutional Sovereignty
When Dr. B.R. Ambedkar warned the Constituent Assembly
against “laying liberties at the feet of a great man” and reminded that constitutional
morality must restrain those in power, he also pointed to the danger of
blind submission. Democracy is not preserved merely through institutional forms
but through the vigilance and assertion of the people.
This is where the philosophy of non-cooperation
becomes relevant. Mahatma Gandhi’s Satyagraha was not a lawless act; it was a
higher obedience to justice when the written law itself became an instrument of
oppression. Gandhi taught that refusing to cooperate with unjust authority was
not “taking law into one’s own hands” but restoring the moral law that precedes
every constitution. The Indian freedom movement vindicated this principle
repeatedly, from the Salt March to Quit India, showing that legitimate
resistance is often the only way to revive the authority of justice.
The same spirit animated the Nupi Lal
movements in Manipur, where women resisted exploitative colonial policies.
These struggles were not unconstitutional—because the Constitution did not yet
exist—but they were profoundly constitutional in spirit, embodying the
same principles later enshrined in Part III of the Constitution: liberty,
equality, and dignity.
Thus, non-cooperation and resistance cannot
be dismissed as unlawful disruptions. They are a democratic assertion of
constitutional sovereignty. When the people withdraw their cooperation from
an authority that has breached its delegated trust, they are not undermining
the Constitution—they are defending its foundation.
The courts, too, have acknowledged the
centrality of popular sovereignty. In Kesavananda Bharati v. State of Kerala
(1973) 4 SCC 225, the Supreme Court held that the “basic structure” of the
Constitution cannot be altered even by Parliament. What is this basic structure
if not the living sovereignty of the people that animates the document?
Similarly, in Indira Nehru Gandhi v. Raj Narain (1975) Supp SCC 1, the
Court struck down attempts to insulate electoral victories from judicial
scrutiny, reaffirming that rulers derive legitimacy only through constitutional
processes grounded in the people’s will.
Therefore, non-cooperation in the face of
betrayed trust is not a rupture from the Constitution, but an act of fidelity
to its deepest meaning. It is the people’s way of saying that the Constitution
belongs to them, not to the institutions that misuse it.
When institutions fail and unlawful authority threatens
constitutional order, lawyers — as officers of the court — are often the first
line of defense for citizens’ rights. To deny them any collective means of
protest amounts to muting a critical constitutional voice. Non-cooperation and
temporary abstention from work, when undertaken responsibly and for the higher
purpose of safeguarding the Constitution, are not acts of disruption but
democratic assertions of sovereignty.
Global experience supports this view:\n\n-
United Kingdom: The 2014 nationwide barristers’ walkouts against cuts to legal
aid were recognized as a legitimate means of defending access to justice, not
merely a disruption of courts.\n- United States: Lawyers’ associations have
organized mass boycotts and amicus efforts to resist unconstitutional executive
actions — these were seen as essential to preserving the rule of law.\n-
Pakistan Lawyers’ Movement (2007–2009): The legal fraternity’s protests and
court boycotts were instrumental in restoring an unlawfully deposed Chief
Justice and reaffirming judicial independence.\n- South Africa: During
apartheid, lawyers often refused to cooperate with unjust trials, and such
non-cooperation is now celebrated as part of the constitutional tradition of
resistance to illegitimate authority.
These examples show that a responsible Bar,
when it engages in collective protest, can preserve the independence of the
judiciary and the constitutional order itself.
In the circumstances discussed above, the
supreme court needs to revisit to reconsider its blanked prohibition on the
lawyers’ right to strike, call for boycott or abstain from court work as laid
down in ex-Capt. Harish Uppal vs Union of Indian (2003) 2 SCC 45 & reaffirmed
in subsequent judgments. Such a categorical ban, though aimed at protecting
access to justice, may require nuanced re-examination to account for
extraordinary situations where the legal fraternity acts as the last sentinel
to uphold constitutional order and safeguard the rule of law.
Thus, resistance against unlawful authority—when peaceful
and directed towards restoring justice—is neither rebellion nor lawlessness. It
is, instead, the purest expression of constitutional sovereignty.
V.
Excessive Force
and the Right to Protest: When Violence is Provoked
Sometimes, what is labeled as
"violence" is actually a reaction to the excessive use of force by
authorities against peaceful protesters. When people are provoked or suppressed
despite exercising their right to protest peacefully, the resulting unrest
cannot fairly be blamed on the protesters alone. To brand such incidents as
"violent movements" is often an attempt to justify unlawful or
disproportionate actions by the authorities and to delegitimize the people’s grievances.
The right to peaceful assembly and protest is guaranteed
under Article 19(1)(a) and 19(1)(b) of the Constitution of India, as well as
under Article 21 which protects life and personal liberty. Similarly,
international human rights law—such as Article 20 of the Universal Declaration
of Human Rights and Article 21 of the International Covenant on Civil and
Political Rights—recognizes the right of citizens to gather peacefully and
express dissent.
When peaceful protests are met with disproportionate
force—lathi charges, arbitrary arrests, or even firing—the resulting
retaliation or public anger cannot be simplistically branded as "unlawful
violence." State provocation through excessive force breaks the chain of
peacefulness first, inviting unrest as a consequence, not as a choice.
Courts in India have repeatedly emphasized that the use
of force by authorities must be minimal, necessary, and proportionate. In
Ramlila Maidan Incident, In re (2012) 5 SCC 1, the Supreme Court held that the
right to assemble peacefully cannot be violated by arbitrary police action and
that dispersal of crowds must follow lawful procedure.
To label every reactive incident as "rioting"
or "unlawful assembly" risks criminalizing dissent and legitimizing
state overreach. True constitutional governance requires that the State remain
the first protector of fundamental rights, not their violator.
VI. The Principle of Non-Cooperation as Democratic
Assertion
The common criticism against people’s movements is that
they amount to “taking law into one’s own hands.” This phrase, however, ignores
the essential difference between lawlessness and law-restoration.
Non-cooperation and peaceful resistance, far from being anarchic, are
democratic assertions of the people’s sovereignty.
1. Constitutional Mandate as Agency:
The Constitution, as declared in its Preamble, begins
with “We, the People of India … do hereby adopt, enact and give to ourselves
this Constitution.” This makes the State and its institutions mere agents
of the people, akin to a fiduciary acting under a power of attorney. When the
agent betrays this trust, the principal—the people—retain the ultimate
authority to correct and restore the mandate.
2. Non-Cooperation in Indian Freedom Struggle:
Mahatma Gandhi’s doctrine of non-cooperation
was not a call for disorder, but a refusal to legitimize unjust authority.
Gandhi recognized that obedience to unjust laws is itself a form of violence
against truth. Hence, non-cooperation was the highest form of
law-abidingness, because it placed justice above coercion.
3. Natural Right to Resist:
Freedom is not a gift from the Constitution; rather, the
Constitution is born from the people’s innate freedom. Just as no law can prevent
a child from growing, no institution can extinguish the natural right of the
people to resist when governance turns oppressive. Resistance, therefore, is
not derived from the Constitution but precedes it—it is embedded in the natural
order of human dignity.
4. Comparative Lessons:
·
In the American tradition, Henry David
Thoreau’s Civil Disobedience argued that citizens must not permit
governments to overrule their conscience, and they have a duty to resist
injustice.
·
South Africa’s anti-apartheid struggle under
Nelson Mandela relied heavily on peaceful disobedience before it was forced
into armed struggle. History remembers such movements not as crimes but as
justice-restoring acts.
5. Judicial Acknowledgment in India:
The Supreme Court has occasionally echoed these
principles:
·
In Maneka Gandhi v. Union of India (1978)
1 SCC 248, the Court emphasized that personal liberty cannot be curtailed
except by just, fair, and reasonable law. If the executive or legislature
violates this principle, the people’s protest is a legitimate response.
·
In S.R. Bommai v. Union of India (1994) 3
SCC 1, the Court reaffirmed that democracy is part of the Constitution’s
basic structure, and any subversion of it would itself be unconstitutional.
Thus, peaceful non-cooperation is not a
challenge to the Constitution; it is an affirmation of its spirit. To dismiss
such democratic assertion as lawlessness is to misunderstand the very
foundation of constitutional democracy, which is built not upon blind obedience
but upon active participation and vigilance by the people.
VII. Peoples sovereignty on Manipur crisis
The events in Manipur since 3rd May 2023 stand as
a stark reminder of what Dr. Ambedkar warned against: the collapse of
institutions, the failure of constitutional machinery, and the grave risk that
the Republic might degenerate into authoritarian rule or lawless disorder when
the custodians of power betray their mandate.
1. Background of the Crisis:
What began as a social and ethnic tension quickly
escalated into violence, displacement, and targeted attacks on vulnerable
groups. Reports of arson, killings, and destruction of homes and places of
worship circulated across the state, revealing a complete paralysis of law and
order. The State government appeared incapable — or unwilling — to protect its
citizens, exposing the fragility of constitutional promises in times of crisis.
2.
Right of the People to Self-Defence in the Face of State
Failure
When an attack amounts to external aggression or
organized violence, the Constitution of India casts a solemn duty on the Union
and the State under Article 355 to protect every State and its people from such
aggression and internal disturbance. However, when the State fails to discharge
this constitutional duty, the people do not lose their inherent right to life
and security guaranteed under Article 21. In such circumstances, self-defence
becomes not only a natural right but also a constitutionally implied right,
flowing from the principle that the salus populi suprema lex (the welfare of
the people is the supreme law).
The events of 3rd May 2023 started at Churachandpur
exemplify this situation. When organized armed attacks were launched against
the Meitei villages and population in Churanchanpur where the State machinery
failed to provide immediate protection, the Meiteis were compelled to defend
themselves. The retaliatory measures undertaken were thus not unlawful acts of
aggression but an exercise of their right to protect life, liberty, and
property as recognized under Sections 96 to 106 of the Indian Penal Code, which
enshrine the general exceptions of private defence.
This principle is consistent with
constitutional morality: no citizen is expected to silently perish when the
State fails in its primary duty of protection. Jurisprudence has repeatedly
recognized that the right to life is meaningless if it does not include the
right to defend life against imminent and unlawful threat. In this context, the
actions of the Meiteis on 3rd May 2023 cannot be viewed through the same lens
as unlawful violence but as a constitutionally justified response to aggression
in the face of institutional breakdown.
In such unprecedented circumstances, when the
State and its institutions fail in their constitutional duty under Article 355
to protect citizens from aggression and internal disturbance — or worse, when
their inaction or complicity aggravates the situation — the people’s act of
rising to restore constitutional order cannot be branded unlawful.
The Meitei protesters who acted thereafter on
3rd May 2023 were not indulging in wanton violence, but were engaged in an
attempt to safeguard life, liberty, and property, which are core elements of
Article 21. The principle of salus populi suprema lex (the welfare of the
people is the supreme law) justifies such actions as a last resort to maintain
the rule of law when constitutional machinery has failed.
Punishing the people under such circumstances, while
failing to fix accountability on the State authorities who invited the violence
by their omissions or complicity, would amount to a double injustice — first by
denying them protection, and then by criminalizing their defensive actions.
Jurisprudence on private defence (Sections 96–106 IPC) and constitutional
morality recognizes that no citizen can be expected to silently suffer death or
destruction in the face of aggression when State protection is absent.
3. Breach of Constitutional Trust:
The essence of constitutional democracy is that authority
flows from the people. The government, whether State or Union, is merely an agent
exercising delegated power. When this agent fails to protect life, liberty, and
dignity—the very foundations of the Preamble—the principal (the people) retains
the sovereign right to resist, demand accountability, and restore justice.
The events in Manipur are not just a regional crisis;
they symbolize the broader danger when institutions collapse. Silence of
Parliament, executive delay, and judicial inaction together create a situation
where the Constitution itself seems suspended in practice, though not in form.
VIII. People’s Sovereignty as the Final Safeguard
At the heart of constitutional democracy lies a truth
often obscured by legal formalities: the people are the ultimate sovereign.
Governments, courts, and legislatures are but instruments created to serve
them. When these instruments malfunction, sovereignty does not disappear—it
reverts back to its source.
- Ambedkar’s Caution
Dr. B.R. Ambedkar, during the Constituent Assembly
Debates, issued a grave warning: India could preserve its democracy not merely
through laws, but through constant vigilance, public spirit, and refusal to
submit to authoritarianism. If institutions fail, people must act as the conscience-keepers
of the Constitution.
- The
Constitutional Logic
·
The Preamble declares that authority
flows from “We, the People of India.”
·
Article 356, though abused historically,
implicitly recognizes that sovereignty is not an unbroken chain of command, but
a trust. When that trust is broken, the people’s role as the original sovereign
resurfaces.
·
Judicial maxims affirm that “ubi jus ibi
remedium”—where there is a right, there must be a remedy. If courts
withhold remedy, people are not condemned to suffer silently; they may fashion
remedies through peaceful assertion of sovereignty.
- Resistance as
Constitutional, not Rebellious
History teaches that resistance is not rebellion when it
seeks to restore lawful order. The Boston Tea Party (1773), the French
Revolution (1789), and India’s Quit India Movement (1942) were not
mere acts of defiance but declarations that rulers had violated their trust.
Likewise, if citizens in Manipur or elsewhere demand justice amidst
institutional collapse, they act not against the Constitution but for it.
- Moral Duty of the Citizen
Just as rulers are bound by constitutional morality,
citizens too must uphold it. But when institutions betray constitutional
morality—through silence, neglect, or complicity—citizens are compelled to act,
lest the Republic wither. In such moments, civil disobedience becomes civil
duty.
- The
Protective Circle of History
- From Magna
Carta to the Universal Declaration of Human Rights (1948),
history affirms that power must bow before justice.
- The Indian
freedom struggle reaffirmed that true sovereignty lives in the people’s
collective conscience, not in the edicts of rulers.
- The Manipur
crisis, therefore, must not be seen as a local disturbance, but as a national
test: can the Indian people rise once more to remind their
institutions that they serve, not rule?
- The Philosophical Fulfilment
In the end, the Constitution is but a written mirror of the unwritten
sovereignty of the people. When that mirror cracks—as in Manipur—it is the
people who must polish it back to clarity. As Gandhi said, “In the
midst of darkness, truth and love alone endure.” Thus, when
governments fail, resistance anchored in truth and non-violence becomes
not only legitimate but sacred.
IX. Conclusion: The People as Guardians of the Republic
The Constitution of India is not a gift from rulers to
the ruled. It is the solemn covenant of a free people, binding their
institutions to justice, liberty, equality, and fraternity. It came into
existence only after India attained freedom, proving beyond doubt that freedom
is the parent of the Constitution, not its child.
Dr. B.R. Ambedkar reminded us that however perfect a
Constitution may be, its survival depends upon the vigilance, courage, and
morality of the people who live under it. Institutions may fail; governments
may betray; courts may falter. But the people, as the original sovereign,
cannot abdicate their duty. When authority becomes oppressive or indifferent,
resistance in the form of peaceful assertion, non-cooperation, or satyagraha is
not unconstitutional—it is the highest form of constitutional loyalty.
The events in Manipur since May 2023 are a reminder of
this truth. The failure of the State machinery before President’s Rule, and the
inertia of the Union after its imposition, reveal the fragility of
constitutional safeguards when institutions grow silent. Yet, this very silence
vindicates the people’s right to speak, to assert, and to act in defense of the
Republic.
From Magna Carta (1215) to India’s own freedom
struggle, history vindicates those who stood against unlawful authority to
restore justice. Gandhi’s satyagraha, the women’s movement of Nupi Lal in
Manipur, and countless acts of people’s resistance across centuries affirm
that civil disobedience in defense of truth is not rebellion but duty.
Therefore, to dismiss such democratic assertions as
“taking the law into one’s hands” is to misunderstand the essence of
constitutional sovereignty. The Constitution itself derives from the people’s
collective will to be free; it cannot then condemn the people for protecting
that very freedom when institutions fail them.
In conclusion, let it be remembered:
- Governments
and authorities are trustees, not masters.
- Sovereignty
is delegated, not surrendered.
- The people
remain the ultimate custodians of the Constitution.
If ever the Republic trembles under the weight of
institutional silence, it is the people’s voice—firm, peaceful, and
truthful—that must restore its balance. To resist unlawful authority is not to
weaken the Constitution, but to save it.
Thus, the message of this age, from Magna Carta to
Manipur, resounds with unbroken clarity:
“When the agents of the people fail, the
people themselves must rise—not in anger, but in truth—to guard the Republic
they created.”
Sorokhaibam
Rabindra Singh
Advocate, High Court of Manipur