Afspa extended by six months in 'disturbed areas' of Manipur, Nagaland and Arunachal Pradesh
The Ministry of Home Affairs extended the "disturbed area" declaration under the Armed Forces (Special Powers) Act, 1958 (AFSPA) in parts of Manipur, Nagaland and Arunachal Pradesh for a further six months, effective October 1, 2026 to March 31, 2027.
In Manipur, the entire state remains a disturbed area except for the jurisdiction of 13 specified police stations concentrated in the Imphal Valley, spanning Imphal West, Imphal East, Thoubal, Kakching and Bishnupur districts.
In Nagaland, nine full districts (Dimapur, Niuland, Chumoukedima, Mon, Kiphire, Noklak, Phek, Peren and Meluri) and specified police-station areas in five additional districts (Kohima, Mokokchung, Longleng, Wokha, Zunheboto) continue under the Act.
In Arunachal Pradesh, the districts of Tirap, Changlang and Longding, along with three police-station areas of Namsai district bordering Assam, remain classified as disturbed.
The extension follows the mandatory periodic review of the law-and-order situation in each state, as required by the statute and by Supreme Court directions.
AFSPA, 1958 — Legal Architecture
The Armed Forces (Special Powers) Act, 1958 empowers the Union to grant special powers to the armed forces in areas declared "disturbed," originally enacted to address insurgency in the Naga Hills and later extended across the North-East and, separately, Jammu & Kashmir (under a distinct 1990 Act). It operates through three key sections that together define where, what, and with what immunity the armed forces may act.
Key Details
- Section 3 — allows the Governor of a State, the Administrator of a Union Territory, or the Central Government to declare all or part of a state/UT a "disturbed area" by gazette notification.
- Section 4 — grants powers of arrest without warrant, search of premises without warrant, and use of force (including force causing death) against persons contravening prohibitory orders; also empowers prohibiting the assembly of five or more persons in a disturbed area.
- Section 6 — bars prosecution, suit or legal proceeding against armed forces personnel acting under the Act without prior sanction of the Central Government.
- The Act's constitutional basis rests on Entry 2A of the Union List (deployment of Union armed forces in aid of civil power), since public order is otherwise a State subject under Entry 1 of the State List.
The September 2026 notification is a fresh exercise of the Section 3 power, re-declaring specific districts/police-station jurisdictions in the three states as disturbed for another six-month cycle, while explicitly excluding areas (like central Imphal) considered to have improved law and order.
Mandatory Periodic Review — Naga People's Movement for Human Rights v. Union of India (1997)
A five-judge Constitution Bench of the Supreme Court upheld AFSPA's constitutional validity in this 1997 judgment but attached significant procedural safeguards to prevent its use as a permanent, unreviewed measure. This case explains why "disturbed area" declarations are never indefinite and must be periodically reconsidered.
Key Details
- The Court held that a disturbed area declaration should ordinarily not remain in force for more than six months without a review of the situation; if the review shows deployment is no longer necessary, the declaration should lapse.
- It held that the Central Government should ideally consult the concerned State Government before making or extending a declaration, given that public order is constitutionally a State subject.
- It affirmed that AFSPA falls within Parliament's competence under Entry 2A of the Union List and does not violate Articles 14, 19 or 21, provided its safeguards are observed.
- "Minimum force" and "least possible force necessary" was laid down as the operating standard for any action under Section 4.
The six-monthly extension cycle for Manipur, Nagaland and Arunachal Pradesh — this round running exactly October 2026 to March 2027 — is a direct institutional consequence of this judgment's review requirement.
Article 371A — Special Constitutional Status of Nagaland
Since large parts of Nagaland remain under a security law administered by the Union, it is useful to distinguish this from the state's separate and much broader constitutional autonomy under Article 371A, which protects Naga social and legal customs from ordinary parliamentary law-making.
Key Details
- Inserted by the Constitution (Thirteenth Amendment) Act, 1962, effective from December 1, 1963 — the date Nagaland became India's 16th state.
- No Act of Parliament relating to Naga religious or social practices, Naga customary law and procedure, administration of civil/criminal justice under customary law, or ownership and transfer of land and its resources applies to Nagaland unless the State Legislative Assembly resolves to adopt it.
- The Governor of Nagaland carries special responsibility over law and order in the state so long as internal disturbance from hostile Naga activity continues, exercisable in individual discretion.
- Traces its origins to the Sixteen-Point Agreement (1960) between the Government of India and the Naga People's Convention.
AFSPA's security architecture and Article 371A's cultural-legal autonomy operate on separate tracks in Nagaland — the former governs deployment of armed forces against insurgent activity, the latter shields customary Naga institutions from ordinary central legislation; a state can carry both simultaneously.
Declaring Authority for "Disturbed Areas" — Centre vs State
A distinguishing feature of AFSPA is that both the state executive and the Union executive can independently trigger its application, unlike most public-order legislation which lies solely with the state.
Key Details
- For a State, the Governor may declare a disturbed area; for a Union Territory, the Administrator may do so; alternatively, the Central Government may issue the notification directly for any state or Union Territory.
- In practice, especially after prolonged unrest, the Union (through the Ministry of Home Affairs) has often issued or renewed these notifications directly rather than leaving it solely to the state government.
- Even after declaration, deployment of the armed forces under the Act still requires that civil administration be unable to function effectively on its own — the Act is meant as an aid-to-civil-power measure, not a substitute for civilian government.
The September 2026 extension was issued by the Ministry of Home Affairs, an exercise of the Centre's independent power under Section 3, reflecting the continued Union assessment that armed forces deployment remains necessary in these areas.
- Extension period: October 1, 2026 to March 31, 2027 (six months)
- AFSPA enacted: 1958; a separate Jammu & Kashmir-specific AFSPA was enacted in 1990
- Manipur: state-wide disturbed area status except 13 named police-station jurisdictions
- Nagaland: 9 full districts plus specified police stations in 5 more districts under the Act
- Arunachal Pradesh: 3 full districts (Tirap, Changlang, Longding) plus 3 police stations in Namsai district
- Landmark case: Naga People's Movement for Human Rights v. Union of India (1997) — established the six-month review norm
- Article 371A inserted by the 13th Constitutional Amendment Act (1962), effective December 1, 1963