ARTICLE 371
1. Context
In the backdrop of protests across Ladakh, the Centre is mulling granting Article 371-like protection to the Union Territory. Sources said during a meeting of the representatives of the region Leh Apex Body and Kargil Democratic Alliance with Union Home Minister Amit Shah.
2. Part XXI of the constitution
Part XXI of the Indian Constitution is titled "Temporary, Transitional and Special Provisions". It contains articles that deal with
- Special provisions for certain states: These provisions address the specific needs and circumstances of various states, aiming to ensure their smooth integration into the Indian Union and protect the interests of their population. This includes articles like:
- Article 371, which grants special provisions to 12 Indian states, including six Northeastern states. These provisions cover aspects like the allotment of funds for development, reservation in public employment and educational institutions, and special representation in the state legislature.
- Article 370, which was abrogated in 2019, previously granted special autonomous status to the state of Jammu and Kashmir.
- Temporary provisions: These provisions were meant to be temporary arrangements to facilitate the smooth transition from the pre-independence system to the new constitutional framework. However, some of these provisions, like those related to the distribution of legislative powers between the Centre and states, continue to be relevant even today.
- Transitional provisions: These provisions helped bridge the gap between the old and new legal systems and ensured a smooth transfer of power and authority.
3. Article 371 of the Constitution
Article 371 of the Indian Constitution is the first of a series of articles under Part XXI titled "Temporary, Transitional and Special Provisions". These articles provide special provisions for specific states, addressing their unique needs and circumstances.
Article 371 itself empowers the Parliament to
- Establish separate development boards for specific regions within the states of Maharashtra (Vidarbha and Marathwada) and Gujarat (Saurashtra and Kutch).
- Ensure equitable allocation of funds for development expenditure across these regions.
- Mandate the placement of a report on the functioning of these development boards before the respective state legislative assemblies every year.
4. Articles 371 to 371-J
Articles 371A to 371J have been introduced under Part XXI, each addressing the specific needs and circumstances of various states.
Nagaland (Article 371A, 13th Amendment Act, 1962)
- Parliament can't legislate in matters of Naga religion or social practices, the Naga customary law and procedure, administration of civil and criminal justice involving decisions according to Naga customary law and ownership and transfer of land and its resources, without the concurrence of the Legislative Assembly.
- This provision was inserted in the Constitution after a 16-point agreement between the Centre and the Naga People's Convention in 1960, which led to the creation of Nagaland in 1963.
- Also, there is a provision for a 35-member regional council for the Tuensang district, which elects the Tuensang members in the Assembly.
- A member from the Tuensang district is the Minister for Tuensang Affairs: The Governor has the final say on Tuensang-related matters.
Assam (Article 371B, 22nd Amendment Act, 1969)
The president may provide for the constitution and functions of a committee of the Assembly consisting of members elected from the tribal areas of the state.
Manipur (Article 371C, 27th Amendment Act, 1971)
- President may provide for the constitution and functions of a committee of elected members from the Hill areas in the Assembly; entrust "special responsibility" to the Governor to ensure its proper functioning.
- The Governor has to file a report every year on this to the President.
Andhra Pradesh & Telangana
(Article 371D, 32nd Amendment Act, 1973; substituted by the Andra Pradesh Reorganisation Act, 2014)
- The president must ensure "equitable opportunities and facilities" in "Public employment and education to people from different parts of the state";
- he may require the state government to organise "any class or classes of posts in the civil service of or any class or classes of civil posts under, the State into different local cadres for different parts of the State" and allow them.
- The President has similar powers vis-a-vis admissions in any university or state government-run educational institution.
- Also, he may provide for the setting up of an administrative tribunal outside the jurisdiction of the High Court to deal with issues of appointment, allotment or promotion in state civil services.
- Article 371E allows for the establishment of a university in Andhra Pradesh by a law of Parliament. But this is not a "special provision".
Sikkim (Article 371F, 36th Amendment Act, 1975)
- The members of the Legislative Assembly of Sikkim shall elect the representative of Sikkim in the House of the People.
- To protect the rights and interests of various sections of the population of Sikkim, Parliament may provide for the number of seats in the Assembly, which may be filled only by candidates from those sections.
- The governor shall have "Special responsibility for peace and for an equitable arrangement for ensuring the social and economic advancement of different sections of the population".
- All earlier laws in territories that formed Sikkim shall continue and any adaptation or modification shall not be questioned in any court.
Mizoram (Article 371G, 53rd Amendment Act, 1986)
Parliament cannot make laws on "religious or social practices of the Mizos, Mizo customary law and procedure, administration of civil and criminal justice involving decisions according to Mizo customary law, ownership and transfer of land unless the Legislative Assembly by a resolution so decides".
Arunachal Pradesh (Article 371H, 55th Amendment Act, 1986)
- The Governor has a special responsibility for law and order and "he shall, after consulting the Council of Ministers, exercise his judgment as to the action to be taken".
- Should a question arise over whether a particular matter is one in which the Governor is "required to act in the exercise of his judgment, the decision of the Governor in his discretion shall be final" and "shall not be called in question"?
Karnataka (Article 371J, 98th Amendment Act, 2012)
There is a provision for the establishment of a separate development board for the Hyderabad-Karnataka region, the working of which will be reported annually to the Assembly; There shall be
- "equitable allocation of funds for developmental expenditure over the said region"
- "equitable allocation of funds for developmental expenditure over the said region"; and
- "equitable opportunities and facilities" for people of this region in government jobs and education.
5. The Way Forward
The decision to grant Article 371-like protection to Ladakh requires careful consideration of its potential benefits and challenges. Open and inclusive dialogue involving all stakeholders, including Ladakhis, the central government, and other states, is crucial to finding a solution that addresses the region's aspirations while maintaining national unity.
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For Prelims: Part XII of the Constitution, Article 371, Special Provisions, Ladakh
For Mains:
1. Discuss the significance of Article 371 in the Indian Constitution and its role in addressing the unique needs and circumstances of certain states. Evaluate its effectiveness in ensuring the smooth integration of these states into the Indian Union while safeguarding their interests. (250 Words)
2. Imagine you are a policymaker involved in the decision-making process regarding Ladakh's demand for special protection. Outline the key factors you would consider before formulating a recommendation and suggest potential alternative solutions that could address the concerns of the Ladakhi people. (250 words)
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Previous Year Questions
1. The status of "Special Category States" is given to certain states to target the fund flow for better-balanced growth. Which of the following states fall under this category? (UPSSSC Lower PCS Prelims 2016)
1. Rajasthan
2. Uttarakhand
3. Bihar
4. Jammu & Kashmir
5. Himachal Pradesh
6. Jharkhand
Select the correct answer using the codes given below:
A. 1, 5 and 6 B. 2, 4 and 5 C. 3, 5 and 6 D. 1, 3 and 6
2. With reference to the Fourteenth Finance Commission, which of the following statements is/are correct? (UPSC 2015)
1. It has increased the share of States in the central divisible pool from 32 percent to 42 percent.
2. It has made recommendations concerning sector-specific grants.
Select the correct answer using the code given below.
A. 1 only B. 2 only C. Both 1 and 2 D. Neither 1 nor 2
3. Based on the Sixth Schedule of Indian Constitution, with respect to the tribal areas of Assam, Meghalaya, Tripura and Mizoram Which of the following can the Governor of a State do? (DSSSB PRT General Section Officer 2019)
1. Can create a new autonomous district
2. The area of atonomous district can be increased
A. 1 Only B. 2 Only C. Both 1 and 2 D. Neither 1 nor 2
4. If a particular area is brought under the Fifth Schedule of the Constitution of India, which one of the following statements best reflects the consequence of it? (UPSC 2022)
A. This would prevent the transfer of land of tribal people to non-tribal people.
B. This would create a local self-governing body in that area.
C. This would convert that area into a Union Territory.
D. The State having such areas would be declared a Special Category State.
5. Article _____ of the Constitution of India deals with provisions related to the administration and control of Scheduled Areas and Scheduled Tribes. (SSC CGL 2020)
A. 222(1) B. 244(1) C. 244(2) D. 222(2)
6. The National Commission for Backward Classes (NCBC) was formed by insertion of Article ______ in the Constitution of India. (SSC CGL 2020)
A. 328B B. 338A C. 338B D. 328A
7. When did the Constitution of Jammu and Kashmir come into force? (UPSC CAPF 2016) A.26th January 1957 B. 15th August 1947 C. 25th July 1956 D.14th November 1947
8. State Legislature of Jammu and Kashmir can confer special rights and privileges on permanent residents of J and K with respect to - (MPSC 2019) Find the correct options below. (a) Employment under State Government (b) Settlement in the state (c) Acquisition of immovable property (d) Right to Scholarship (e) Right to entry into heritage sites A. (a), (b), (c), (d), (e) B. (a), (b), (c), (d) C. (a), (b), (c) D. (a), (b) Answers: 1-A, 2-A, 3-C, 4-A, 5-B, 6-B, 7-A, 8-B
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Source: The Indian Express
