ARTICLE
371 - POLITY
News: Centre considers ‘Article 371-like’ shield for Ladakh
What's in the news?
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Recently, the home
minister said that all the concerns in Ladakh about land, jobs and culture
would be addressed through special provisions under Article 371 of the
Constitution.
Key takeaways:
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Special provisions under
Article 371 would allow protections to be extended to the local population of
Ladakh, while stopping short of the widespread autonomy that is provided to
ADCs and ARCs under the Sixth Schedule.
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Shah reportedly assured
the Ladakh delegation that the government would ensure the representation and
participation of locals through hill councils and was willing to provide up to
80% reservation in public employment.
Article 371:
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Article 371 of the Indian
Constitution deals with special
provisions for eleven states of the Indian Union.
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As part of XXI of the Constitution of India, Article 371 grants
special provisions to some states in the country.
States Covered under Article 371:
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Ranging from Article
371-A to Article 371-J, this Article gives special provisions for the states of
Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim,
Mizoram, Arunachal Pradesh, Goa and Karnataka.
Objectives of Article 371:
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The main objectives
behind the Article 371 granting special provisions to some states are to meet
the unique needs of the backward regions of these states, protect the economic
and cultural interests of these regions, combat the local challenges and protect
the customary laws in these regions.
Key takeaways:
Article 371 – Maharashtra and Gujarat
President is
authorized to provide that Governor of Maharashtra & Gujarat would have
special responsibilities for:
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Establishment
of separate development boards for Vidarbha, Marathwada
& rest of Maharashtra along with Kutch & rest of Gujarat.
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A report on the working
of these boards will be placed each year before the state legislative assembly.
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Equitable allocation of
funds for developmental expenditure over the mentioned areas.
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Equitable arrangements
providing adequate facilities for technical education, vocational training
& adequate opportunities for employment in state services.
Article 371A - Nagaland:
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It states that no act of
Parliament shall apply to the state of Nagaland in respect to religious or social practices of the Nagas,
its customary laws, and procedures, administration of civil and criminal
justice involving decisions according to Naga customary laws and ownership and
transfer of land and its resources.
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It shall apply to
Nagaland only after the state Assembly passes a resolution to do so, it says.
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Article 371-A states that
land and its resources in the state belong to the people and not the
government.
Article 371B – Assam:
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To give autonomy and
voice to tribes, the President can provide for the constitution and functions
of a committee of Legislative Assembly
of the state consisting of members elected from the tribal areas of Assam.
Article 371C – Manipur:
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Article 371C in Manipur
is similar to 371B for Assam.
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The President may provide
for the Constitution and functions of a committee of the Legislative Assembly
of the state, but consisting of members
elected from the hill areas of Manipur.
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The Governor must submit
an annual report to the president regarding the administration of hill areas as
well.
Article 371D & E – Andhra Pradesh:
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Article 371D, which was
added to the Constitution in 1974, provides equitable opportunities and
facilities for the people of the state and
safeguards their rights in matters of employment and education.
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The state government may
organise civil posts or direct recruitment to posts in local cadre as required.
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Article 371E states that
the Parliament may by law provide for the establishment of a University in Andhra Pradesh.
Article 371F – Sikkim:
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Article 371F,
incorporated in 1975, states that the Legislative
Assembly shall consist of not less than 30 members.
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In order to reflect the
diversity of different groups in Sikkim, seats in the assembly are provided to
people of these different sections.
Article 371G – Mizoram:
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Similar to Article 371A
in case of Nagaland, An act of Parliament would not apply to Mizoram in matters
relating to religious or social
practices of Mizo, Mizo customary law and procedure, administration of
civil or criminal justice involving decisions according to Mizo customary law,
ownership and transfer of land and its resources.
Article 371H – Arunachal Pradesh:
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The Governor has special
powers on the state's law and order
situation and can overrule the chief minister's decision on the basis of
this provision.
Article 371I – Goa:
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The Legislative Assembly
of the state of Goa must consist of not
less than 30 members.
Article 371J - Hyderabad-Karnataka:
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Article 371J grants
special status to six backward districts of Hyderabad-Karnataka region.
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The special provision
requires that a separate development board be established for these regions
(similar to Maharashtra and Gujarat) and also ensures local reservation in education and government jobs.