The story so far: Congress president Mallikarjun Kharge’s mention of Article 371 at a public rally in Rajasthan recently caused a stir, with the BJP denouncing it as a “horrendous mistake” and the Congress suggesting that the “slip of the tongue” had inadvertently exposed the “Modi-Shah game plan” to change the constitutional provision.
On April 6, Home Minister Amit Shah hit out at the Congress chief for criticising Prime Minister Narendra Modi for mentioning Article 370 at an election rally in Rajasthan. “ … it is only expected of Congress to make such horrendous mistakes. Such blunders made by it have haunted our nation for decades now,” Mr. Shah said.
Responding to the criticism, Congress general secretary Jairam Ramesh said, “Amit Shah immediately pounced on the Congress President [for referring to Article 371 while talking about the abrogation of Article 370]. But the truth is that Modi does indeed want to change Article 371-A relating to Nagaland, Article 371-B relating to Assam, Article 371-C relating to Manipur, Article 371-F relating to Sikkim, Article 371-G relating to Mizoram, and Article 371-H relating to Arunachal Pradesh,” he added.
What is Article 371?
India consciously adopted quasi-federalism’ to accommodate multitudes of identities, religions and languages. The Constitution envisages that the Union government and State governments are interdependent to ensure the nation works as a harmonious whole, with residual powers vesting with the Centre.
All States, however, are not equal. There is a notable asymmetry in the way Indian federalism works. The main example of asymmetry among Centre-State ties was Article 370. Under this now-abrogated provision, the State of Jammu and Kashmir had its own Constitution, its definition of ‘permanent residents’, the right to bar outsiders from holding property, and the privilege of not having any Indian law automatically applicable to its territory. It required the State Assembly’s nod 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 that could be extended to the State, with or without modifications.
Article 370 was revoked in 2019. Special status, however, is not unique to Jammu and Kashmir.
There are 12 other States that enjoy special powers under Article 371 of the Constitution. These include Arunachal Pradesh, Gujarat, Maharashtra, Manipur, Nagaland and Sikkim. The Centre has also suggested that it is considering the extension of Article 371-like protection to Ladakh. Special provisions under this article range from protection to ownership of land to establishment of development boards.
What are the different provisions for States under Article 371?
Special provisions provided to other States are listed in Articles 371 (A-J) in Part XXI of the Constitution, which deals with “temporary, transitional and special powers for certain States.” While Articles 370 and 371 have been a part of the Constitution since 1950, Articles 371 (A-J) were incorporated in subsequent years through amendments.
Article 371 deals with the States of Maharashtra and Gujarat. As per the provision, the Governor of Maharashtra has a special responsibility to establish separate development boards for Vidarbha, Marathwada, and the rest of the State. The Governor of Gujarat has a similar responsibility towards Saurashtra, Kutch and the rest of Gujarat. These responsibilities cover equitable allocation of funds for development expenditure, providing adequate facilities for technical education and vocational training, and adequate opportunities for employment in services under the control of the State Government.
Article 371A was made part of the Constitution in 1962 after a deal was struck between the Centre and the Naga People’s Convention creating the State of Nagaland. Under the provision, no Act of Parliament about the religious or social practices of the Nagas, their customary law and procedure, including civil and criminal justice matters, and ownership or transfer of land and resources will apply to Nagaland, unless the State’s Legislative Assembly passes a resolution to do so. It further gives the Governor a ‘special responsibility’ regarding law and order in the State. Further, non-residents can’t buy land in Nagaland.
Article 371B deals with Assam. It includes a special provision for Assam under which a committee of legislators from the tribal areas was formed to look after their interests. These tribal areas later became the State of Meghalaya.
Article 371C applies to Manipur and was inserted into the Constitution in 1972. It provides for the constitution of a committee of legislators from the Hill Areas of Manipur. It gives the Governor a special responsibility to make an annual report to the President on the administration of the Hill Areas, and the Centre can direct the State as far as these areas are concerned. “…and the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said areas,” the Article reads.
Articles 371D and E include special provisions for Andhra Pradesh. The President can pass an order to provide equitable opportunities and facilities to people belonging to different parts of Andhra Pradesh in public employment and education. It empowers the President to specify any part of the State as a ‘local area’ for the creation of local cadres in various classes of employment and allotment of civil posts. It provides for the constitution of an Administrative Tribunal for Andhra Pradesh. Only the Supreme Court has any power of superintendence over this tribunal, as per the provision. Article 371E, meanwhile, deals with the establishment of a university in the State.
Article 371F takes into account the unique status of Sikkim after its merger with India in 1975 and grants protection to existing laws. It states that the State Legislative Assembly shall consist of at least 30 members. The Governor has a special responsibility for the maintenance of peace and equitable arrangements for ensuring the social and economic advancement of different sections. Only descendants of Sikkim subjects (those who lived in the State before its merger with India) whose names were mentioned in the 1961 register have the right to own land and get State government jobs in Sikkim. They were also exempted from paying income tax.
Article 371G applies to Mizoram. It includes special provisions to preserve the religious and social practices, customary law, and procedure of Mizos in Mizoram, as well as for the administration of criminal and civil justice, besides ownership and transfer of land.
Article 371H confers a special responsibility on the Governor of Arunachal Pradesh concerning law and order. The Governor shall discharge this function after consulting the Council of Ministers, but exercise their own judgement as to the action taken, the provision adds.
Article 371I relates to Goa. It requires the Legislative Assembly of Goa to consist of not less than 30 members.
Article 371J accords special status to the Hyderabad-Karnataka Region (Kalyana Karnataka), and provides for the establishment of a separate development board for the area. It provides for equal allocation of funds and equal opportunities for locals in employment and education. As per the provision, a proportion of seats must be reserved for individuals from the region in educational institutions and vocational training institutes.
