Note4Students

From UPSC perspective, the following things are important :

Prelims level: Article 371, 371F

Mains level: Special provisions for some States

Former Sikkim CM claimed that the Sikkimese people feel betrayed as Article 371F, which guarantees special provisions for Sikkim, was “violated”.

What is Article 371F?

Article 371F is a special provision in the Constitution of India that was created to provide for the unique status of Sikkim, a state located in the northeastern part of India.
Sikkim was an independent kingdom until 1975, when it became the 22nd state of India.
Article 371F was included in the Constitution to ensure that Sikkim’s distinct identity and cultural heritage were protected and preserved after its merger with India.

Special provisions for Sikkim

Under Article 371F, Sikkim has been granted several special provisions that are not available to other states in India. Some of the key provisions of Article 371F are:

Protection of Sikkimese people: Only the descendants of Sikkim subjects (those who lived in the state before its merger with India) whose names were mentioned in the 1961 register are considered Sikkimese and are entitled to certain benefits, such as the right to own land and get state government jobs. They are also exempted from paying income tax.
Legislative powers: The Governor of Sikkim has special powers with respect to the Sikkim Legislative Assembly, including the power to nominate one member to the Assembly and the power to give his or her assent to certain bills.
Constitutional safeguards: Certain constitutional safeguards have been provided to the people of Sikkim to protect their distinct identity and cultural heritage.
Formation of Committees: The Central Government has the power to appoint a committee of experts to advise on matters related to Sikkim, and the State Government can also appoint committees to examine issues related to the protection of Sikkim’s unique identity.

Why in news?

The Financial Bill, 2023 redefined Sikkimese as any Indian citizen domiciled in Sikkim, which would extend these benefits to a broader population.
This move is seen as a violation of Article 371F, which was the basis for Sikkim’s merger with India in 1975.

Concerns highlighted

The leader claimed that the people of Sikkim feel betrayed by the violation of Article 371F.
He alleged that Sikkim has become a hotbed for political violence.
He claimed that unrest in a sensitive border state like Sikkim is not good for national security.

Back2Basics: Article 371

It is a provision in the Constitution of India that grants special provisions and autonomy to certain states in India.
It is a set of temporary and transitional provisions that were included in the Constitution to address the specific needs and aspirations of various regions and communities in the country.
The provisions of Article 371 differ from state to state, depending on the specific needs and demands of the region. For instance:

Maharashtra and Gujarat: Article 371 provides for special provisions for the states of Maharashtra and Gujarat, which grants certain rights and privileges to the people of the Marathi-speaking areas of Maharashtra and the Gujarati-speaking areas of Gujarat.
Nagaland: Article 371A provides for special provisions and autonomy for the state of Nagaland. It grants the Nagaland Legislative Assembly special powers with respect to lawmaking, and prohibits outsiders from acquiring land in the state.
Assam: Article 371B provides for special provisions for the state of Assam, which includes the establishment of a regional council for the state and grants the council certain legislative and executive powers.
Manipur: Article 371C provides for special provisions for the state of Manipur. It gives the Manipur Legislative Assembly the power to enact laws related to land, forests, and minerals, and also provides for the protection of the rights of the hill tribes in the state.
Andhra Pradesh: Article 371D provides for the establishment of a special committee to oversee the development of backward regions in the state of Andhra Pradesh.

The provisions are aimed at promoting the development and welfare of the people in these states, while preserving their unique cultural and linguistic identity.