- The Supreme Court recently assured that specific constitutional provisions under Article 371 protecting the interests of northeastern states will be preserved.
- As the Constitution Bench considers the challenge to the repeal of Article 370 in Jammu and Kashmir, we examine the relevance of these promises and their ramifications.
What is Article 371?
- Article 371 of the Indian Constitution allows various states additional provisions to protect their distinct cultural and tribal identity.
- These clauses attempt to protect local customs, social practises, and land ownership.
Context for Preserving
- Tribal Culture: Article 371 makes special provisions for some states, particularly those in the northeast, to protect their tribal cultures and unique identities.
- Article 371(A) – Nagaland: Article 371(A) ensures that acts of Parliament touching Naga religious and social practises, customary law, civil and criminal justice based on Naga customary law, and land and resource ownership do not apply to Nagaland.
- The role of the State Assembly: These regulations only apply to Nagaland if the State Assembly passes a resolution to that effect.
- Some stakeholders, such as the NDPP’s Neikiesalie Nicky Kire, say that Article 371(A) impedes development by preventing the government from carrying out development initiatives owing to landowner preferences.
Similar Laws in Other States
- Article 371-G – Mizoram: Mizoram, like Nagaland, has unique measures to preserve Mizo religious and social practises, customary law, civil and criminal justice, and property ownership.
- Article 371B – Assam: Article 371B supports the formation of the sub-state ‘Meghalaya,’ with the goal of providing particular provisions for Assam.
State-Specific Requirements
- Article 371C – Manipur: This article discusses unique provisions for Manipur, a 1972 state.
- Articles 371F and 371H – Sikkim and Arunachal Pradesh: These articles consider particular provisions for Sikkim and Arunachal Pradesh, respectively, in order to satisfy their specific needs.
- Separate Development Boards: Article 371 authorises the President to establish separate development boards for certain regions within Maharashtra, Gujarat, and Andhra Pradesh in order to promote balanced growth.
Other State-Specific Provisions, with the exception of NE
- Articles 371D and 371E – Andhra Pradesh, Karnataka, and Goa: These articles make particular provisions for these states’ cultural and economic growth.
- Articles 371J and 371I – Karnataka and Goa: These articles grant Karnataka and Goa particular provisions to handle their specific needs.
Source: https://www.hindustantimes.com/india-news/wont-amend-special-provisions-for-northeastern-states-centre-to-top-court-101692816459217.html