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9. At the outset it may be stated that though both the writ petitions were listed for hearing over several days, the sum and substance of the submissions related to the setting up of an SIT to investigate the alleged extra-judicial executions with a clear understanding that W.P. (C) No. 445 of 2012 would be taken up for consideration later. Therefore, we are not at all considering the prayers made in W.P. (C) No. 445 of 2012. Affidavits filed by the Union of India

10. During the course of hearing, a detailed reference was made by the learned Attorney General to the counter affidavit filed by the Union of India on 15th December, 2012 in W.P. (C) No. 445 of 2012. This was more for convenience in placing the detailed facts rather than anything else. In the affidavit, it has been stated, inter alia, that the security of the nation is of paramount importance and this involves the security of the States as well. A reference is made to Article 355 of the Constitution which casts a duty on the Union to protect every State against external aggression and internal disturbances and also to ensure that the Government of every State is carried on in accordance with the provisions of the Constitution.[2] A reference is also made to Entry 2A of List I of the Seventh Schedule of the Constitution (the Union List) relating to the deployment of armed forces of the Union in any State in aid of the civil power.[3]

Constitutional provisions

81. The background of the case, as we have understood it, leads us to conclude that we are concerned in this petition not so much with a law and order situation in Manipur, but a public order situation.

82. Maintenance of public order falls within the jurisdiction of a State in view of Entry 1 of List II of the Seventh Schedule to the Constitution.[17] But, the Union Government may deploy its armed forces in any State in aid of the civil power in terms of Entry 2A of List I of the Seventh Schedule to the Constitution.[18] This has been the constitutional position ever since Entry 1 of List II of the Seventh Schedule was amended by the Constitution (Forty-second Amendment) Act, 1976 and Entry 2A was inserted in List I of the Seventh Schedule to the Constitution by the same Amendment Act. What is of importance is that deployment of the armed forces should only be in aid of the civil power.

“The 44th Constitutional Amendment substituted “armed rebellion” for “internal disturbance” in Article 352. “Internal disturbance” is, therefore, no longer a ground for taking action under that Article. Further, it cannot, by itself, be a ground for imposing President's rule under Article 356(1), if it is not intertwined with a situation where the government of a State cannot be carried on in accordance with the provisions of the Constitution.”

87. At this stage, it is also important to refer to Article 355 of the Constitution.[23] This Article makes it the duty of the Union Government to protect a State from external aggression and internal disturbance. By necessary implication, an external aggression for this purpose includes a war and an armed rebellion that threatens the security of the country or a part thereof. We therefore have four situations: war, external aggression and armed rebellion, all of which can threaten the security of the country or a part thereof and fourthly an internal disturbance. In providing protection against an internal disturbance, the Union Government is entitled and empowered to deploy the armed forces of the Union under Entry 2A of List I of the Seventh Schedule to the Constitution “in aid of the civil power”.

90. On a reading of the above passage, it is clear that the Constitution Bench does not limit the deployment of the armed forces of the Union only to a situation affecting public order. The armed forces of the Union could be deployed for situations of law and order (although this would be extremely unusual and rare) as also for humanitarian aid such as in the event of an earthquake or floods, should it be necessary, in aid of the civil power. This is because Entry 2A of List I of the Seventh Schedule to the Constitution (for short Entry 2A of the Union List) does not limit the deployment of the armed forces to any particular situation. The view of this Court, beginning with the decision of the Federal Court in United Provinces v. Atiqa Begum[24] has always been that legislative entries must not be read in a narrow or restricted sense and that each general word should be held to extend to all ancillary or subsidiary matters which can fairly and reasonably be comprehended in it.[25] But we are making this observation only en passant.