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June

02

2019

    POLITY

    Article 370 And Article 371(A)

    NEWS: After Article 370, legislator triggers debate on Nagaland’s 371(A).
    SOURCE: The Hindu

    Article 370 of the Indian constitution is an article that gives autonomous status to the state of Jammu and Kashmir. The article is drafted in Part XXI of the Constitution: Temporary, Transitional and Special Provisions. The Constituent Assembly of Jammu and Kashmir, after its establishment, was empowered to recommend the articles of the Indian constitution that should be applied to the state or to abrogate the Article 370 altogether.

    After the J&K Constituent Assembly later created the state's constitution and dissolved itself without recommending the abrogation of Article 370, the article was deemed to have become a permanent feature of the Indian Constitution.

    Temporary provisions with respect to the State of Jammu and Kashmir

    (1) Notwithstanding anything contained in this Constitution,—

    (a) the provisions of article 238 shall not apply now in relation to the state of Jammu and Kashmir;[a]

    (b) the power of Parliament to make laws for the said state shall be limited to—

    (i) those matters in the Union List and the Concurrent List which, in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and

    (ii) such other matters in the said Lists as, with the concurrence of the Government of the State, the President may by order specify.

    Explanation: For the purpose of this article, the Government of the State means the person for the time being recognized by the President on the recommendation of the Legislative Assembly of the State as the Sadr-i-Riyasat (now Governor) of Jammu and Kashmir, acting on the advice of the Council of Ministers of the State for the time being in office.[1][10][b]

    (c) the provisions of article 1 and of this article shall apply in relation to that State;

    (d) such of the other provisions of this Constitution shall apply in relation to that State subject to such exceptions and modifications as the President may by order specify:

    Provided that no such order which relates to the matters specified in the Instrument of Accession of the State referred to in paragraph (i) of sub-clause (b) shall be issued except in consultation with the Government of the State:

    Provided further that no such order which relates to matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of that Government.

    (2) If the concurrence of the Government of the State referred to in paragraph (ii) of sub-clause (b) of clause (1) or in the second provision to sub-clause (d) of that clause be given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon.

    (3) Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify:

    Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification.

    Article 371 A Special Provisions For Nagaland

    Act of parliament relating to following matters would not apply to Nagaland unless state assembly so decides:

    • Religious & social practices of Nagas

    • Nagas customary law & procedure

    • Administration of civil or criminal justice involving decisions according to Naga customary law

    • Ownership & transfer of land & its resources

    Special responsibility of governor wrt law & order in the state (after consulting COMs, but his decision will be final) regarding internal disturbances occurring in Naga hills mainly in Tuesang area (Special responsibility ceases if President directs so)

    Governor has to ensure that money provided by the GOI out of consolidated fund of India for any specific purpose, is included in the demand for grant relating to that specific purpose only, not any other

    A regional council for Tuensang district, consisting of 35 members should be formed & governor in his discretion shall make all the rules & terms regarding this council

    For a period of 10 years, from formation of state of Nagaland or for further period as specified by Governor, on recommendations of regional council, following provisions would be operative for Tuensang district:

    • Administration of Tuensang district shall be carried on by the governor

    • Governor in his discretion shall arrange for equitable distribution of money, b/w Tuensang district & Rest of Nagaland, provided by center

    • There shall be a minister for Tuensang affairs in state COMs

    • Final decision on all matters relating to Tuensang district shall be made by governor in his discretion

    • Members in Nagaland assembly from the Tuensang district are not elected directly by the people but by regional council

    Article 371 – B → Special Provisions for Assam

    Article 371 – C → Special Provisions for Manipur

    Article 371– D → Special Provisions for Andhra Pradesh

    Article 371 – E → Special Provisions for Sikkim

    Article 371 G → Special Provisions for Mizoram

    Article 371 H → Special provisions for Arunachal Pradesh

    Article 371 – I → Special provisions for Goa