Topic 7 of 22
GS Paper 2 Judicial Oversight of Internal Conflict Supreme Court's Proposal for Special Courts in Manipur Violence Cases

Some of the witnesses the CBI needs to find were last seen fleeing their own homes. Two years on, the Supreme Court is now asking who can still be located and who can still be heard.

Summary

The Supreme Court proposed setting up special courts to hold day-to-day trials in cases arising from the 2023 Manipur ethnic violence, directing investigating agencies to expedite pending probes. A Bench led by Chief Justice Surya Kant noted that the prevailing law and order situation had displaced witnesses, while prolonged internet suspensions and mobility restrictions had hampered evidence collection and field investigation.

The Court asked Additional Solicitor General Aishwarya Bhati to collate details of completed and pending cases and directed the Manipur Chief Secretary and DGP to fully cooperate with the CBI and SIT.

WHY IN NEWS FOR UPSC & STATE PCS

The proposal came during the Supreme Court's continued monitoring of Manipur violence cases, more than two years after the conflict began in May 2023, amid concerns that displaced witnesses and stalled investigations were producing an "inordinate delay" in the pursuit of justice.

Standard News

WHEN THE COURT STOPS ADJUDICATING AND STARTS MANAGING

The Supreme Court does not ordinarily decide which courtroom a trial happens in or how fast an investigating officer must move. Article 142 lets it do exactly that "for doing complete justice"

  • and the Manipur proposal is that power being used almost administratively, because the ordinary machinery of the state has stalled.

What Article 142 Actually Authorises Article 142

gives the Supreme Court power to pass any order necessary for complete justice "in any cause or matter pending before it." It is not a general supervisory power over state administration - it is tied to a specific pending case.

Here, that tether is the batch of Manipur petitions. Because those petitions are before it, the Court can order special courts, direct police cooperation and demand case-status reports - steps that look like criminal-justice administration but are legally anchored in its adjudicatory role over the specific litigation in front of it.

Why This Case Needed That Power The

Bench's own reasoning names the trigger: witnesses displaced or relocated, internet suspensions blocking digital evidence and restrictions on investigators' movement - a description of state machinery genuinely unable to function under conflict conditions, not merely working slowly. The Court did not invent this remedy from nothing. In Zahira Habibullah Sheikh v. State of Gujarat (2004)

  • the Best Bakery case - it established that when local conditions threaten a trial's fairness, transferring proceedings and mandating day-to-day hearings is a legitimate judicial response, not an overreach. That precedent is doing real work here: it is the reason the Court can propose special courts for Manipur without this looking like an unprecedented expansion of its role.

The Genuine Institutional Question

The exam-relevant tension is this: every time the Court steps into case management because state agencies have stalled, it also confirms that ordinary constitutional machinery - state police, state prosecution, functioning connectivity - was not equal to the moment.

The special courts fix today's delay. They do not fix why civilian investigators could not move freely or why witnesses could not be reached in the first place. That gap between judicial remedy and administrative cause is exactly what makes this more than a procedural update - it is a live illustration of what happens when a state's own institutions cannot deliver Article 21's promise of a speedy trial on their own.

Quick Facts

  • The Bench comprised Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana. The special courts would be constituted with the concurrence of the State of Manipur and the High Courts of Manipur and Gauhati.

    Ethnic violence between the Meitei and Kuki-Zo communities erupted in Manipur in May 2023. A three-member monitoring committee headed by former Maharashtra DGP Dattatray Padsalgikar has been overseeing the probe.

Beyond The Headlines
GS Paper 2 Supreme Court's Proposal for Special Courts in Manipur Violence Cases

Connect the dots for your UPSC preparation.

Standard news covers the event. Log in to read our comprehensive analysis and uncover the hidden constitutional, structural, and ethical dimensions of this topic:

1

The precise reasoning by which Zahira Habibullah legally justifies today's special-courts proposal.

2

Why Article 142's "complete justice" power is legally narrower than it looks in this case.

3

The specific risk that judicial case management becomes a long-term substitute for state capacity.

4

A concrete Short Term timeline mechanism that could make the Court's directive enforceable.

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