Art I Ã⧠8 Cl 3 of the Constitution
Topic covered:
Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
Functions and responsibilities of the Union and united states of america, issues and challenges pertaining to the federal construction, devolution of powers and finances up to local levels and challenges therein.
Commodity 371 of the Constitution
What to study?
For prelims: Commodity 371- overview.
For mains: need for and significance of temporary provisions, rationale behind and issues related.
Context : Northeastern states of India have expressed apprehension that having rendered Article 370 irrelevant, the government might unilaterally move to abrogate or change Article 371 .
Nevertheless, the authorities has antiseptic that it had no intention of removing Commodity 371 of the Constitution .
What is Article 371 all about?
Articles 369 through 392 appear in Part XXI of the Constitution , titled ' Temporary, Transitional and Special Provisions '.
Commodity 371 of the Constitution includes "special provisions" for 11 states, including 6 states of the Northeast.
Manufactures 370 and 371 were role of the Constitution at the time of its showtime on Jan 26, 1950 ; Articles 371A through 371J were incorporated subsequently.
Overview :
- Article 371, Maharashtra and Gujarat:
Governor has "special responsibleness " to constitute " separate evolution boards " for "Vidarbha, Marathwada, and the rest of Maharashtra", and Saurashtra and Kutch in Gujarat; ensure "equitable allocation of funds for developmental expenditure over the said areas", and "equitable system providing adequate facilities for technical pedagogy and vocational training, and acceptable opportunities for employment" nether the state regime.
- Article 371A (13th Amendment Deed, 1962), Nagaland:
Inserted after a 16-indicate agreement between the Centre and the Naga People'south Convention in 1960, which led to the cosmos of Nagaland in 1963.
Parliament cannot legislate in matters of Naga religion or social practices, Naga customary law and process, assistants of civil and criminal justice involving decisions co-ordinate to Naga customary law, and ownership and transfer of state without concurrence of the state Assembly.
- Article 371B (22nd Amendment Act, 1969), Assam:
The President may provide for the constitution and functions of a committee of the Associates consisting of members elected from the land's tribal areas.
- Article 371C (27th Amendment Act, 1971), Manipur:
The President may provide for the constitution of a commission of elected members from the Hill areas in the Assembly , and entrust "special responsibility" to the Governor to ensure its proper functioning.
- Article 371D (32nd Subpoena Act, 1973; substituted past The Andhra Pradesh Reorganisation Act, 2014), Andhra Pradesh and Telangana:
President must ensure "equitable opportunities and facilities" in "public employment and education to people from different parts of the state". He may require the state government to organise "any class or classes of posts in a civil service of, or any class or classes of civil posts under, the Country into different local cadres for different parts of the State". He has similar powers vis-à-vis admissions in educational institutions.
- Article 371E:
Allows for the establishment of a academy in Andhra Pradesh past a law of Parliament . But this is not a "special provision " in the sense of the others in this part.
- Commodity 371F (36th Subpoena Act, 1975), Sikkim:
The members of the Legislative Assembly of Sikkim shall elect the representative of Sikkim in the House of the People . To protect the rights and interests of various sections of the population of Sikkim, Parliament may provide for the number of seats in the Assembly, which may be filled merely by candidates from those sections.
- Article 371G (53rd Subpoena Act, 1986), Mizoram:
Parliament cannot make laws on "religious or social practices of the Mizos, Mizo customary police and procedure, administration of civil and criminal justice involving decisions according to Mizo customary law, ownership and transfer of land… unless the Assembly… so decides".
- Article 371H (55th Subpoena Act, 1986), Arunachal Pradesh:
The Governor has a special responsibility with regard to law and order , and "he shall, after consulting the Quango of Ministers, exercise his individual judgment as to the activeness to exist taken".
- Article 371J (98th Subpoena Human activity, 2012), Karnataka:
There is a provision for a split evolution lath for the Hyderabad-Karnataka region. In that location shall be "equitable allocation of funds for developmental expenditure over the said region", and "equitable opportunities and facilities" for people of this region in government jobs and education. A proportion of seats in educational institutions and country regime jobs in Hyderabad-Karnataka can be reserved for individuals from that region.
- Article 371I deals with Goa , but it does not include any provision that can be deemed 'special'.
Significance :
All these provisions take into account the special circumstances of individual states, and lay down a wide range of specific safeguards that are accounted of import for these states .
In these range of Articles from 371 to 371J, Commodity 371I , which deals with Goa, stands out in the sense that it does non include any provision that tin exist accounted "special". Article 371E , which deals with Andhra Pradesh and Telangana, also, is not that "special".
Sources: Indian Express.
Source: https://www.insightsonindia.com/2019/08/07/article-371-of-the-constitution/
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