highlights
Currently there are 12 states which have special powers under Article 371 of the Constitution.
These include Arunachal Pradesh, Gujarat, Maharashtra, Manipur, Nagaland and Sikkim.
This time A new issue has come to light in the Lok Sabha elections. At an election rally in Rajasthan, Congress President Mallikarjun Kharge slipped and mistakenly mentioned Article 371 instead of Article 370. In the election environment, his mention of Article 371 became a political issue. Congress and the ruling Bharatiya Janata Party at the Center have their own allegations and facts regarding this.
According to a report in The Hindu, when Mallikarjun Kharge mentioned Article 371, the BJP condemned it as a ‘terrible mistake’. The Congress hit back and said that due to the slip of the tongue, the ‘Modi-Shah game plan’ to change the constitutional provision was unknowingly revealed. Home Minister Amit Shah attacked the Congress chief for criticizing Prime Minister Narendra Modi by mentioning Article 370 at an election rally. Shah said that Congress is expected to make such terrible mistakes. Such mistakes made by it have been troubling our country for decades.
Congress general secretary Jairam Ramesh, reacting to the criticism, said, “Amit Shah immediately attacked the Congress president for mentioning Article 371 while talking about the abrogation of Article 370. Jairam Ramesh said, “But the truth is that Modi actually repealed Article 371-A related to Nagaland, Article 371-B related to Assam, Article 371-C related to Manipur, Article 371-F related to Sikkim and Article 371-F related to Mizoram. Want to change 371-G.”
What is Article 371?
India deliberately adopted semi-federalism to accommodate multiple identities, religions and languages. The Constitution envisages that the Central Government and the State Governments are dependent on each other to ensure that the nation functions as a harmonious whole, and that the residuary powers rest with the Centre. However, not all states are the same. There is a notable asymmetry in the way Indian federalism works. The main example of asymmetry between Centre-state relations was Article 370.
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What were the provisions of 370
Under this now-repealed provision, the state of Jammu and Kashmir had its own constitution, a definition of ‘permanent residents’, the right to prevent outsiders from holding property, and no Indian law automatically applying to its territory. Privilege of. It required the approval of the state assembly to implement laws passed by Parliament, and was allowed to have its own penal and criminal procedure codes. The President was empowered to notify from time to time the provisions of the Constitution which may be extended to the State with or without amendments.
12 states have got special status
Article 370 was repealed in 2019. However, special status is nothing new for Jammu and Kashmir. There are 12 other states which have special powers under Article 371 of the Constitution. These include Arunachal Pradesh, Gujarat, Maharashtra, Manipur, Nagaland and Sikkim. The Center has also suggested that it is considering extending security like Article 371 to Ladakh. Special provisions under this article range from security of ownership of land to the establishment of development boards.
What are the various provisions for states under Article 371?
Special provisions granted to other states are listed in Part XXI of the Constitution in Article 371 (A-J), which deals with “temporary, transitional and special powers for certain States”. Whereas Articles 370 and 371 have been part of the Constitution since 1950. Articles 371 (A-J) were included through amendments in subsequent years. Article 371 pertains to the states of Maharashtra and Gujarat. As per the provision, the Governor of Maharashtra has the special responsibility to establish separate development boards for Vidarbha, Marathwada and the rest of the state. The Governor of Gujarat has equal responsibility towards Saurashtra, Kutch and the rest of Gujarat. These responsibilities include equitable allocation of funds for development expenditure, providing adequate facilities for technical education and vocational training and adequate employment opportunities in services under the control of the State Government.
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Article 371A
Article 371A was made part of the Constitution in 1962 following an agreement between the Center and the Naga People’s Convention to create the state of Nagaland. Under the provision, no Act of Parliament respecting the religious or social practices of the Nagas, their customary law and procedure, including civil and criminal justice matters and the ownership or transfer of land and resources, shall apply to Nagaland unless, Unless a resolution to do so is passed by the State Assembly. It gives the Governor a ‘special responsibility’ with respect to law and order in the state. Additionally, non-residents cannot purchase land in Nagaland.
Article 371B
Article 371B pertains to Assam. It includes a special provision for Assam under which a committee of MLAs from tribal areas was formed to look after their interests. This tribal area later became the state of Meghalaya.
Article 371C
Article 371C applies to Manipur and was included in the Constitution in 1972. It provides for the formation of a committee of MLAs from the hilly areas of Manipur. It gives the Governor the special responsibility of submitting an annual report to the President on the administration of the hilly areas, and the Center can give directions to the State so far as these areas are concerned. The article reads, “The executive power of the Union shall extend to giving directions to the State with respect to the administration of the said areas.”
Article 371D and E
Articles 371D and E contain special provisions for Andhra Pradesh. The President can pass orders providing equal opportunities and facilities in public employment and education to the people of different parts of Andhra Pradesh. It empowers the President to designate any part of the State as ‘local area’ for the creation of local cadre and allocation of civil posts in various classes of employment. It provides for the constitution of an Administrative Tribunal for Andhra Pradesh. According to the provision, only the Supreme Court has any power of superintendence over this tribunal. Article 371E deals with the establishment of a university in the state.
Article 371F
Article 371F takes into account the special status of Sikkim after its merger with India in 1975 and provides protection to existing laws. It says that the state assembly will have at least 30 members. It is the special responsibility of the Governor to maintain peace and just order to ensure social and economic progress of various sections. Only the descendants of Sikkim subjects (who resided in the state before its merger with India) whose names were mentioned in the 1961 register have the right to own land in Sikkim and hold state government jobs. He was also exempted from paying income tax.
Article 371G
Article 371G applies to Mizoram. It contains special provisions for preserving the religious and social practices, customary law and procedure of the Mizos in Mizoram, as well as for the administration of criminal and civil justice in addition to the ownership and transfer of land.
Article 371H
Article 371H confers special responsibilities on the Governor of Arunachal Pradesh with respect to law and order. The provision states that the Governor will discharge this function after consulting the Council of Ministers, but will take his own decision regarding the action taken
Article 371I
Article 371 I is related to Goa. For this it is necessary that there should be at least 30 members in the Goa Assembly.
Article 371J
Article 371, which grants special status to the Hyderabad-Karnataka region (Kalyana Karnataka), and provides for the establishment of a separate development board for the region. It provides equal allocation of wealth and equal opportunities for local people in employment and education. As per the provision, a proportion of seats should be reserved for persons from the region in educational institutions and vocational training institutions.
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Tags: 2024 Lok Sabha Elections, 2024 Loksabha Election, amit shah, Article 370, Mallikarjun kharge
FIRST PUBLISHED: April 15, 2024, 10:36 IST