Central Idea

The Supreme Court recently assured that special constitutional provisions protecting the interests of northeastern states under Article 371 will remain untouched.
As the Constitution Bench deliberates the challenge to Article 370’s abrogation in Jammu and Kashmir, we delve into the significance of these assurances and their implications.

What is Article 371?

Article 371 of the Indian Constitution grants special provisions to various states to protect their unique cultural and tribal identities.
These provisions are aimed at preserving local customs, social practices, and land ownership.

Context: Article 371 provides special provisions for several states, particularly in the northeast, to safeguard their tribal cultures and unique identities.
Article 371(A) – Nagaland: Article 371(A) ensures that acts of Parliament do not apply to Nagaland concerning Nagas’ religious and social practices, customary law, civil and criminal justice based on Naga customary law, and land and resource ownership.
State Assembly’s Role: These provisions only apply to Nagaland after the State Assembly passes a resolution to that effect.
Development Impediment: Some stakeholders, like Neikiesalie Nicky Kire of the NDPP, argue that Article 371(A) hampers development by preventing the government from carrying out development activities due to landowner preferences.

Article 371-G – Mizoram: Similar to Nagaland, Article 371-G provides special provisions for Mizoram to protect Mizo religious and social practices, customary law, civil and criminal justice, and land ownership.
Article 371B – Assam: Article 371B facilitates the creation of the sub-state ‘Meghalaya,’ aiming to provide special provisions with respect to Assam.

Article 371C – Manipur: This article addresses special provisions for Manipur, a state that was formed in 1972.
Article 371F and 371H – Sikkim and Arunachal Pradesh: These articles discuss special provisions for Sikkim and Arunachal Pradesh, respectively, to address their unique needs.
Article 371 – Separate Development Boards: Article 371 empowers the President to establish separate development boards for specific regions within Maharashtra, Gujarat, and Andhra Pradesh, promoting balanced growth.

Articles 371D and 371E – Andhra Pradesh, Karnataka, Goa: These articles provide special provisions for these states to ensure their cultural and economic development.
Articles 371J and 371I – Karnataka and Goa: These articles grant special provisions to Karnataka and Goa, respectively, to address their specific requirements.