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What is Article 371 of Indian Constitution? Can it solve the Kashmir issue?

What is Article 371 of Indian Constitution? Can it solve the Kashmir issue?

Relevance:

  • GS 2 || Polity || Other Constitutional Dimensions || Special Provisions for Some states

Why in the news?

Kashmir has always been matter of discussion, Article 371 gives special provision to some states

What is Article 371?

  • Part 21 of the Indian Constitution applies (Temporary, Transitional and Special Provisions).
  • Special provisions for Assam, Nagaland, Gujarat, Maharashtra, and other states are addressed under Article 371 and its sub-articles. Typically, they include creating a separate Development Board for specific backward regions in order to give additional funding and/or reserving positions in local government employment, institutions, and so forth.
  • For example, the Telengana region’s Article 371 (D) provides for local cadres to be given preference in direct recruitment and admittance to educational institutions, as well as the establishment of an administrative tribunal. (In school and work, a necessity to live in one’s own home/a “sons of soil” policy).

About Article 371 of the Indian Constitution:

  • Article 371, Maharashtra and Gujarat: The Governor has “special responsibility” to establish “separate development boards” for “Vidarbha, Marathwada, and the rest of Maharashtra,” as well as Saurashtra and Kutch in Gujarat; to ensure “equitable allocation of funds for developmental expenditure over the said areas,” and to ensure “equitable arrangement providing adequate facilities for technical education and vocational training, and adequate opportunities.”
  • Article 371A (13th Amendment Act, 1962), Nagaland: This clause was included after the Centre and the Naga People’s Convention reached a 16-point agreement in 1960, which resulted in the establishment of Nagaland in 1963. Parliament cannot legislate on Naga religion or social customs, Naga customary law and procedure, civil and criminal justice administration including Naga customary law judgments, or property ownership and transfer without the approval of the state Assembly.
  • Article 371B (22nd Amendment Act, 1969), Assam: The President may establish the composition and duties of an Assembly committee made up of members elected from the state’s tribal territories.
  • Article 371C (27th Amendment Act, 1971), Manipur: The President may establish a committee of elected members from the Hill regions in the Assembly and delegate “particular responsibility” for its efficient operation to the Governor.
  • Article 371D (32nd Amendment Act, 1973; substituted by The Andhra Pradesh Reorganisation Act, 2014), Andhra Pradesh and Telangana: The president must guarantee that “citizens from all regions of the state” have “equal chances and facilities” in “public employment and education.” He has the authority to order the state administration to organize “any class or classes of positions in a civil service of the State, or any class or classes of civil posts under the State” into separate local cadres for different areas of the state. He has similar powers vis-à-vis admissions in educational institutions.
  • Article 371E: A legislation passed by Parliament authorizes the creation of a university in Andhra Pradesh. However, this is not a “special provision” in the meaning of the other provisions in this section.
  • Article 371F (36th Amendment Act, 1975), Sikkim: The members of Sikkim’s Legislative Assembly elect the state’s representative in the House of People. To protect the rights and interests of different segments of Sikkim’s population, Parliament may establish a number of seats in the Assembly that can only be filled by candidates from those segments.
  • Article 371G (53rd Amendment Act, 1986), Mizoram: Unless the Assembly agrees otherwise, Parliament cannot pass legislation on “Mizo religious or social activities, Mizo customary law and procedure, administration of civil and criminal justice including judgements based on Mizo customary law, ownership and transfer of land.
  • Article 371H (55th Amendment Act, 1986), Arunachal Pradesh: When it comes to law and order, the Governor has a unique role: “he shall, after consulting the Council of Ministers, exercise his own judgment as to the measures to be taken.”
  • Article 371J (98th Amendment Act, 2012), Karnataka: A special development board for the Hyderabad-Karnataka area has been established. There will be an “equitable allocation of cash for developmental expenditures across the specified region,” as well as “equitable chances and facilities” in government jobs and education for persons from this region.

What is the purpose of Art.371?

  • The major goals of Article 371, which grants exceptional provisions to specific states, are to address the distinctive requirements of these nations’ backward regions, to safeguard their economic and cultural interests, to confront local difficulties, and to maintain their customary laws.
  • All of these rules take into account the unique conditions of different nations and provide a wide range of specialized measures deemed necessary for these countries.
  • Article 371I, which deals with Goa, distinguishes out among the Articles from 371 to 371J in that it has no provisions that may be considered “unique.”
  • Article 371E, which also applies to Andhra Pradesh and Telangana, isn’t really “unique.”

What is the difference between Art.370 and Art.371?

  • The distinction between Art.370 and Art.371 is that the former provided J&K its own constitution, whilst the latter merely gave 11 other states unique and independent provisions. Both are protective in nature. Art.370 is just transitory, but Art.371 is permanent.

Politics behind abrogation of article 370 and for protecting similar article 371:

  • Even after repealing the provisions of Article 370 that granted special rights to Jammu and Kashmir, the Government of India swore to the same Constitution, assuring the people of Nagaland, who seek an independent and sovereign Nagaland, that Article 371A, which grants similar special status to the people of Nagaland, will not be repealed in the same way as Article 370.
  • “Naga Hoho, Nagaland’s top tribal body, voiced alarm about the government’s decision to repeal Article 370. “We have apprehensions that if the Government of India can abolish 370 in Jammu and Kashmir, it may eliminate 371(A) in Nagaland,” stated Naga Hoho president.” Leaders of North East highland states like Manipur and Tripura raised similar demonstrations and concerns, but more on that later.”
  • Concerns have been voiced about the impact of development in Jammu and Kashmir on Nagaland. All are assured explicitly by the Governor. Art 371A is a serious promise made to the Naga people. It’s a precious promise.

Conclusion:

As a result of the investigation, we may infer that Article 371 is comparable to Article 370 in certain ways. “As part of Chapter XXI of the Indian Constitution, Article 371 gives eleven states – Karnataka, Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh, and Goa – temporary, transitional, and exceptional provisions. The idea was to satisfy the specific aspirations of these States or portions of these States, to preserve the economic and cultural interests of these areas, to confront local problems, and to protect the region’s customary laws”. The purpose of Article 371 is to preserve the interests and ambitions of some backward regions, to protect tribal people’s cultural and economic interests, and to deal with law and order issues in specific places. The Governors of Gujarat and Maharashtra are given unique powers to create autonomous development boards for Vidarbha, Marathwada, Saurashtra, Kutch, and the remainder of Gujarat and Maharashtra.

Mains oriented question:

What is the significance of Article 371? Why are some states given special provision by the constitution of India? (250 words)