Constitutional Provisions for India’s North-East: Safeguarding Diversity and Autonomy
The North-East Region of India, comprising the “Seven Sisters” states (Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, and Tripura) and Sikkim, has unique constitutional provisions to address its geographical, cultural, and political distinctiveness. Several Articles in the Indian Constitution specifically pertain to the North-East, focusing on governance, autonomy, tribal welfare, and cultural preservation. Here are the key Articles used for the North-East:
1. Sixth Schedule (Articles 244(2) and 275(1))
- The Sixth Schedule provides autonomy to tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram.
- It allows the establishment of Autonomous District Councils (ADCs), which have legislative, administrative, and judicial powers within their jurisdiction.
- Powers of ADCs:
- Making laws on land, forests, water resources, agriculture, and traditional customs.
- Administration of justice through customary laws.
- Managing local taxation and resource utilization.
- Objective: To protect tribal cultures and give tribal communities control over their affairs.
2. Article 371(A)
- Pertains to the State of Nagaland.
- Ensures the protection of Nagaland’s religious and social practices, customary laws, and land ownership rights.
- Acts of Parliament concerning Naga customary laws or social practices require the consent of the Nagaland Legislative Assembly.
3. Article 371(B)
- Pertains to the State of Assam.
- Provides for the creation of a Committee of the Assam Legislative Assembly to safeguard the interests of certain tribal areas.
- The purpose is to ensure representation and address the unique needs of tribal populations.
4. Article 371(C)
- Pertains to the State of Manipur.
- Provides for a special committee of the Legislative Assembly of Manipur to protect the interests of the hill areas.
- The Governor of Manipur has the responsibility to ensure the development and administration of these areas.
5. Article 371(F)
- Pertains to the State of Sikkim.
- Preserves Sikkim’s distinct identity, ensuring the protection of old laws, customs, and traditions.
- Special representation for Sikkim in the Indian Parliament.
6. Article 371(G)
- Pertains to the State of Mizoram.
- Protects Mizoram’s religious and social practices, customary laws, and ownership rights over land and resources.
- Parliamentary laws concerning Mizoram’s customary laws require the approval of the Mizoram Legislative Assembly.
7. Fifth Schedule (Article 244(1))
- Applicable to tribal areas outside the Sixth Schedule, such as parts of Arunachal Pradesh and Manipur.
- Provides for the establishment of Tribal Advisory Councils to ensure welfare and development.
8. Article 275
- Allows for the allocation of grants-in-aid from the Consolidated Fund of India to states, including North-East states, for the development of tribal areas and welfare.
9. Article 371(H)
- Pertains to the State of Arunachal Pradesh.
- Provides special powers to the Governor regarding law and order in Arunachal Pradesh.
- Ensures developmental considerations for this strategically important state.
10. Article 338A
- Establishes the National Commission for Scheduled Tribes to protect the rights and address the grievances of Scheduled Tribes in India, including those in the North-East.
11. Special Constitutional Provisions for Language and Culture
- Article 350A: Directs the state to provide facilities for primary education in the mother tongue for children belonging to linguistic minority groups.
- Article 29: Protects the cultural and educational rights of minorities, which is particularly relevant for the ethnically diverse North-East region.
12. Inter-State Provisions
- Article 262: Governs disputes relating to water sharing, such as those concerning the Brahmaputra River, which flows through multiple North-Eastern states.
- Article 263: Allows for the establishment of an inter-state council to resolve disputes, which is useful for coordination among North-Eastern states.
Special Acts for the North-East
- Armed Forces (Special Powers) Act (AFSPA), 1958: Though controversial, this Act applies to certain North-Eastern states and grants special powers to the armed forces for maintaining law and order.
- North Eastern Council Act, 1971: Established the North Eastern Council (NEC) for the economic and social development of the region.
Conclusion
The constitutional provisions and special Articles related to the North-East reflect India’s commitment to preserving the region’s unique identity while ensuring its development and integration with the rest of the country. These provisions address the region’s historical, cultural, and geographical distinctiveness, ensuring that the voices and needs of its people are adequately represented and safeguarded.
