Supreme Court Gives Time To Manipur Govt For Filing Response To Plea Challenging Inner Line Permit System

The Supreme Court on Wednesday (November 21) granted time to the Manipur State Government to file its response in a plea challenging the constitutionality of Manipur's Inner Line Permit System which restricts movement of non-permanent residents in the state.

The petitioner, an organization named 'Amra Bangalee', said that due to the ILP system in the State of Manipur, no person who is not a resident of Manipur can enter or engage in business there without obtaining the 'Inner Line Permit'.

The bench of Justice Hrishikesh Roy and Justice SVN Bhatti agreed to give 8 weeks time to the State to file its response at the request of the Counsel for the state.

The petitioner sought a declaration that the Adaptation of Laws(Amendment) Order 2019 making the provisions of Bengal Eastern Frontier Regulations 1873, applicable to the State of Manipur is ultra vires Articles 14,15,19 and 21 of the Constitution.

A bench of Justice Abdul Nazeer and Justice Krishna Murari issued notice in the petition in January 2022. The Union of India has filed counter affidavit in the case.

It may be recalled that the Inner Line Permit was extended to Manipur in 2019 following the enactment of the Citizenship Amendment Act(CAA). The areas under the Inner Line Permit are exempted from the application of CAA.

A detailed Explainer on Inner Line Permit (ILP) can be read here.

What Is The Petition About?

The present writ petition has been filed challenging system of Inner Line Permit in State of Manipur as imposed by way of Adaptation of Laws (Amendment) Order, 2019 promulgated by the President through the 2019 order, which extends a 140 years old colonial legislation- the Bengal Eastern Frontier Regulation 1873, enacted by British to create its monopoly over the newly setup tea plantations in Assam as well as to protect its commercial interest in the Hill Areas from Indians.

The petitioner has submitted that the extension of Bengal Eastern Frontier Regulations 1873 to the State of Manipur by way or the impugned 1950 order and the 2019 order violates the fundamental rights of the citizens as guaranteed under Articles 14,15,19 and 21 of the Indian Constitution, in so far as they provide unbridled and unqualified power to State for restricting entry and exit of non-indigenous persons or those who are permanent residents of Manipur.

The petitioner has argued that the "draconian ILP system" is fundamentally opposed to the policies of social integration, development and technological advancement in the areas beyond the Inner Line, apart from hampering tourism within the State which is a major source of revenue generation for these areas.

According to the petitioner, while the British rule had enacted the BEFR 1873 in order to create a monopoly over its interests and to prohibit Indians from engaging in Trade with the tribal populace in the areas contained in preamble of BEFR, the said restrictions continued post-independence as well under the guise of protecting the interests of tribal areas.

Case Details : AMRA BANGALEE vs. UNION OF INDIA W.P.(C) No. 000741 - / 2021