28 Mar 2022 Article 371
Article 371 – Today Current Affairs
- Arunachal Pradesh Chief Minister Pema Khandu is planning to lead an all-party delegation to demand amendment in ‘Article 371(H)’ soon.
- ‘Article 371 (H)’ contains special provisions relating to Arunachal Pradesh, by amending which the state can be equated to the special provisions for Nagaland under Article 371 (A) of the Constitution.
Today Current Affairs
Other demands:
- By amending ‘Article 371(H)’ the special provisions relating to the protection of religious or social practices of the tribes of the State, customary law and procedure of the tribes of the State, should be further strengthened by including provisions relating to civil and criminal administration in accordance with the customary laws of the tribes, and protection of the ownership and transfer of the state’s land and resources by the local people.
- This is necessary to protect the rights and customary laws of the tribal communities.
About ‘Article 371’ (Article 371): The Hindu Analysis
- Articles 369 to 392 are included under the heading ‘Temporary, Transitional and Special Provisions’ in Part XXI of the Constitution.
- In Article 371 of the Constitution, “Special Provisions” have been made for a total of 11 states, including six in the Northeast.
- Article 370 and Article 371, at the time of the coming into force of the Constitution, i.e. January 26, 1950, were part of the Constitution; And Articles 371A to 371J, were later included in the Constitution.
Brief overview: The Hindu Analysis
Article 371 (Maharashtra and Gujarat):
The Governor has special responsibility for the following-
- Establishment of ‘Separate Development Boards’ for Saurashtra and Kutch in Vidarbha, Marathwada and rest of Maharashtra and Gujarat; To ensure equal allocation of funds for developmental expenditure in the above areas and to provide adequate facilities and employment opportunities for technical education and vocational training under the State Government.
Article 371A (13th Amendment Act, 1962), Nagaland:
- This article was included in the Constitution in 1960 after a 16-point agreement between the Center and the Naga People’s Convention. As a result of this agreement, Nagaland was created in the year 1963.
- Parliament cannot make laws on Naga religion or social practices, Naga customary law and procedure, decisions of civil and criminal judicial administration in accordance with Naga customary law, and the ownership and transfer of land and resources without the consent of the State Legislature.
Article 371B (22nd Amendment Act, 1969), Assam:
- Under this, the President of India can make provision for the constitution and functions of a committee consisting of members elected from tribal areas of the State Legislature or from such members as he thinks fit.
Article 371C (27th Amendment Act, 1971), Manipur:
- The President may, for the purpose of ensuring the constitution and functions of a Committee of the Legislative Assembly of the State, consisting of members of that Legislative Assembly elected from the hilly areas of that State, for the purpose of ensuring the business of the Government of the State.
Article 371D (32nd Amendment Act, 1973; replaced by the Andhra Pradesh Reorganization Act, 2014), Andhra Pradesh and Telangana:
- The President may, having regard to the needs of the State of Andhra Pradesh as a whole, provide for “equitable opportunities and facilities in the matter of public employment and in the matter of education” for the people belonging to different parts of that State.
- The President may require the State Government to constitute any class or classes of posts in the civil service of the State, or any class or classes of civil posts under the State, into different local cadres for different parts of the State. , and allot the local cadre so constituted to the persons holding such posts.
Article 371E:
- Parliament may, by law, provide for the establishment of a University in the State of Andhra Pradesh. But it is not a “special provision” within the meaning of the other provisions of this Part.
Article 371F (36th Amendment Act, 1975), Sikkim:
- The members of the Legislative Assembly of Sikkim shall elect the representative of Sikkim in the Lok Sabha. In order to protect the rights and interests of different sections of the population of Sikkim, Parliament has been empowered to make such provision that certain seats in the Sikkim Legislative Assembly be filled by persons coming from these sections.
Article 371G (53rd Amendment Act, 1986), Mizoram:
- According to this provision, the Parliament ‘Mizo’, Mizo customary law and procedure, law of religious and social justice, in matters of decisions of civil and criminal judicial administration in accordance with Mizo customary law, not law on issues relating to land ownership and transfer May make – unless the State Legislature decides to do so.
Article 371H (55th Amendment Act, 1986), Arunachal Pradesh:
- The Governor has a special responsibility to ensure law and order in Arunachal Pradesh. In discharging this responsibility, the Governor can take a personal decision in consultation with the Council of Ministers of State and his decision will be considered as the final decision and he will not be responsible for it.
Article 371J (98th Amendment Act, 2012), Karnataka:
- In this article, provision has been made for a separate development board for the Hyderabad-Karnataka region. Equal amount of money will be allocated for developmental expenditure in the above areas and equal opportunities and facilities will be provided to the people of this area in government jobs and education.
- Seats may be reserved on proportionate basis for jobs in the Hyderabad-Karnataka region and in educational and vocational training institutions and organizations of the State Government for persons belonging to that region by birth or domicile.
Today Current Affairs
Article 371I (Goa):
- Article 371I deals with Goa, but does not contain any provision which can be considered ‘special’.
Importance: The Hindu Analysis
- All these provisions take into account the special circumstances of individual states, and set out a comprehensive list of specific safeguards that are considered important for these states.
- In all these articles from 371 to 371J, Article 371I, which deals with Goa, is specific in the sense that it does not contain any provision which can be considered “special”. Article 371E, which deals with Andhra Pradesh and Telangana, is also not “special”.
In this article we mention all information about Article 371 – Today Current Affairs.
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