Why in the news?

  • During the resume talk between Ladakhs statehood demanding protests the central government put forward proposal of including in Article 371 instead of  inclusion in sixth schedule and statehood.

Article 371 of the Indian Constitution

  • What is it?
    • Article 371 to 371J form Part XXI of the Indian Constitution – “Temporary, Transitional and Special Provisions.”
    • These Articles provide special administrative and legislative arrangements for several Indian States to address their unique historical, cultural, and socio-economic needs.
  • Key Articles and Their Special Provisions
    • Article 371 – Maharashtra & Gujarat: Governor to set up development boards for Vidarbha, Marathwada, Saurashtra & Kutch; ensure equitable fund allocation & employment.
    • Article 371A – Nagaland: Parliament cannot legislate on Naga religion, social practices, customary law, land rights without State Assembly consent.
    • Article 371B – Assam (1969): President may form a committee in the Assembly with members from tribal areas.
    • Article 371C – Manipur (1972): Formation of Hill Areas Committee; Governor has special responsibility and reports to President annually.
    • Articles 371D & 371E – Andhra Pradesh & Telangana: Ensure equal opportunities in public employment & education; provision for a Central University.
    • Article 371F – Sikkim: Protects laws, customs, and rights of Sikkimese people; ensures smooth integration into India.
    • Article 371G – Mizoram: Safeguards Mizo customary law, religion, land rights, and justice systems.
    • Article 371H – Arunachal Pradesh: Governor’s special responsibility for law and order; special legislative powers.
    • Article 371I – Goa: Legislative Assembly must have at least 30 members.
    • Article 371J – Karnataka (Hyderabad-Karnataka / Kalyana Karnataka): Development board, local reservations in jobs & education, regional development focus.

Sixth Schedule of the Indian Constitution

  • Constitutional Provisions:The Sixth Schedule (Articles 244(2) and 275(1)) provides for autonomous administrative arrangements in certain tribal areas of the North-East.
  • Aim:  It seeks to protect the distinct culture, customs, and governance practices of tribal communities while ensuring their integration within India.
  • Applicability:
    • States covered: Assam, Meghalaya, Tripura, Mizoram.
    • Tribal areas within these states are declared Autonomous Districts.
    • The Governor has the power to:
      • Increase or decrease the area of districts.
      • Create new districts or regions.
      • Alter boundaries.
  • Autonomous District Councils (ADCs):
    • Composition: 30 members (26 elected + 4 nominated by Governor).
    • Tenure: 5 years.
    • Powers of District Councils
      • Legislative: Laws on land, forests, agriculture, village administration, customs, marriage/divorce, inheritance. Require Governor’s assent.
      • Executive: Manage schools, markets, health centres, roads, ferries.
      • Judicial: Tribal courts for cases involving tribals.
      • Financial: Levy taxes on land, markets, professions, vehicles; get grants from Consolidated Fund of India.
    • Governor’s Discretion:
      • Can modify or annul acts of Parliament or State Legislature in Sixth Schedule areas.
      • Has power to assume control of administration in case of breakdown.