29 Apr 2024 ARTICLE 244(A)- State within a State

THIS ARTICLE COVERS ‘DAILY CURRENT AFFAIRS’ AND THE TOPIC DETAILS OF “ARTICLE 244(A)- State within a State”. THIS TOPIC IS RELEVANT IN THE “ POLITY and GOVERNANCE” SECTION OF THE UPSC CSE EXAM.

Why in the News?

In the Diphu Lok Sabha constituency of Assam, where tribal communities form the majority, candidates across political affiliations have committed to enforcing Article 244(A), which seeks to create an autonomous entity within the existing state framework. This measure is designed to empower tribal regions with greater autonomy.

More About Diphu Lok Sabha constituency of Assam

• The Diphu Lok Sabha constituency is located in the state of Assam. It is known for its significant tribal population, with tribes such as the Karbis, Dimasas, and others residing in the region. Diphu serves as the administrative headquarters of the Karbi Anglong district. 
• This constituency, designated for Scheduled Tribes (STs), encompasses six legislative Assembly segments situated within three hill districts of Assam, namely Karbi Anglong, West Karbi Anglong, and Dima Hasao. These districts are governed according to the regulations outlined in the Sixth Schedule of the Constitution.

Why the demand for autonomy?

• The demand for self-governance and development in the tribal-majority Diphu Lok Sabha constituency in Assam, particularly focusing on the implementation of Article 244(A) of the Constitution, has historical origins tracing back to the 1950s. 
• This demand emerged from a movement advocating for a separate hill state, which eventually led to the establishment of Meghalaya as a full-fledged state in 1972. However, leaders in the Karbi Anglong region opted to remain within Assam, anticipating autonomy through Article 244(A).
• The Autonomous State Demand Committee (ASDC), a mass organization championing regional autonomy, played a pivotal role in pushing for increased autonomy in the area. 
• In 1995, the ASDC, in collaboration with local student groups, reached a Memorandum of Settlement with state and central governments to enhance the authority of the two autonomous councils in the region. Frustrated by the delay in achieving autonomy, the demand escalated into armed insurgency over time, prompting peace negotiations between the governments of Delhi and Guwahati and various militant factions, including those of the Karbi and Dimasa communities. Several peace agreements were signed, offering promises of greater autonomy and development initiatives.
•  In 2021, a peace settlement was brokered with five militant groups in Karbi Anglong, followed by a similar agreement with the Dimasa National Liberation Army in 2023. The quest for autonomy in Diphu reflects a longstanding aspiration for self-governance and progress in the region.

What is Article 244(A)?

Article 244(A) of the Indian Constitution permits the establishment of an autonomous entity within Assam, encompassing specific tribal territories. The key aspects of Article 244(A) are as follows:

• It was introduced via the Constitution (Twenty-second Amendment) Act of 1969.
• It empowers Parliament to establish an autonomous area within Assam, incorporating designated tribal regions such as Karbi Anglong.
• This autonomous area may have its own legislative body or council of ministers, or both, providing it with greater autonomy compared to the existing provisions of the Sixth Schedule.
• The autonomous authorities granted under Article 244(A) extend beyond the decentralized governance outlined in the Sixth Schedule, encompassing jurisdiction over law enforcement and other matters.

Difference between the SIxth schedule and Article 244(A)

The primary distinctions between the Sixth Schedule and Article 244(A) of the Indian Constitution are outlined as follows:

Sixth Schedule

• Establishes enhanced political autonomy and decentralized governance within specific tribal regions of the Northeast through the institution of Autonomous District Councils (ADCs).
• ADCs are vested with legislative authority to enact laws concerning various aspects such as land, forests, agriculture, inheritance, indigenous customs and traditions, and the collection of certain taxes.
• ADCs possess designated powers and responsibilities across legislative, executive, and judicial realms, functioning akin to miniature states.
• However, the Sixth Schedule does not confer jurisdiction to ADCs over law and order matters.

Article 244(A)

• Facilitates the formation of an ‘autonomous state’ within the broader state of Assam, encompassing select tribal territories.
•  Endows these tribal areas with heightened autonomous powers compared to those provided under the Sixth Schedule, including governance over law enforcement.
• Allows for the autonomous state to establish its own legislative body or council of ministers, or both.
• The autonomous authorities granted by Article 244(A) extend beyond the decentralized governance framework offered by the Sixth Schedule.

What are the implications of implementing Art-244(A) in Assam?

The implementation of Article 244(A) in Assam carries significant implications for the region. Here are some key considerations:

• Increased Autonomy: Enforcing Article 244(A) would provide heightened autonomy to specific tribal areas within Assam, paving the way for the establishment of an autonomous state with its own legislative body and/or Council of Ministers. This expanded autonomy has the potential to empower local communities and bolster self-governance.
• Allocation of Legislative and Executive Powers: Executing Article 244(A) would delineate the powers and responsibilities of the autonomous state’s Legislature or Council of Ministers, specifying domains where they can enact laws and delineating their executive authority. This would afford the autonomous state greater control over its governance.
• Fiscal Independence: Article 244(A) permits the assignment of state-imposed taxes to the autonomous state, ensuring fiscal autonomy and financial stability for the region. This financial self-sufficiency can facilitate local development endeavours and foster economic growth.
• Enhanced Representation and Engagement: The provision of Article 244(A) guarantees representation and engagement of tribal areas in the legislative arena, fostering more inclusive governance and decision-making processes that reflect the interests and concerns of local communities.
• Promotion of Socio-Economic Progress: By endowing the autonomous state with increased powers and resources, the implementation of Article 244(A) can stimulate socio-economic advancement in the region. It can facilitate targeted development initiatives, infrastructure undertakings, and programs aimed at enhancing residents’ quality of life.
• Advancement of Peace and Stability: Meeting the demand for autonomy through Article 244(A) has the potential to contribute to peace and stability in the region by addressing long standing grievances and aspirations of tribal communities. It could potentially mitigate conflicts and foster harmony among diverse ethnic groups.

How can granting autonomy affect the social landscape of Assam?

Bestowing autonomy in Assam could significantly reshape the social landscape of the region, yielding various potential outcomes:

• Empowerment of Indigenous Communities: Autonomy has the potential to empower indigenous groups such as the Bodos, Karbis, Koch Rajbongshis, Dimasas, and Tiwas, enabling them to exercise greater authority over their governance, resources, and cultural heritage preservation.
• Preservation of Cultural Diversity: Autonomy may contribute to safeguarding the distinct cultural identities of Assam’s diverse ethnic communities, granting them the ability to safeguard and promote their languages, customs, and heritage.
• Fostering Social Harmony: Autonomy might cultivate a sense of solidarity and collaboration among diverse communities by championing inclusive governance frameworks that honour and accommodate the interests of all segments of society.

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Prelims based Question

Q1. What is the purpose of Article 244(2) of the Indian Constitution relating to special provisions for states having scheduled areas?

(a) To provide constitutional protection to minorities 

(b) To ensure representation of Scheduled Castes and Scheduled Tribes in State Legislatures 

(c) To establish district councils for tribal regions within states 

(d) To empower the Governor of a state to declare emergency provisions in scheduled areas

ANSWER: C

Mains based Question

Q1. What are the potential implications of implementing Article 244(A) on Assam’s socio-political landscape, particularly in terms of governance, representation, and socio-economic development?

Vikas