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Article 371A: Scope, Limitations and Challenges

case study on article 371a

When Nagaland (erstwhile Naga Hills and Tuensang Area) was given the status of a State by the Constitution (Thirteenth Amendment) Act, 1962 in the Indian Union, Article 371A was inserted into Part XXI of the Constitution that allows Special Constitutional Provisions to the State. Nagaland was then placed under the Ministry of External Affairs. The State of Nagaland and the special provisions thereof, were born, and in the midst of the protracted political struggle of the Nagas when the Naga People’s Convention (NPC) accepted and developed the idea of a separate state for Nagas within India. 

The Special Constitutional Provision thus reads: (1) Notwithstanding anything in this Constitution, (a) No Act of Parliament in respect of (i) religious or social practices of the Nagas, (ii) Naga customary law and procedure, (iii) administration of civil and criminal justice involving decisions according to Naga customary law, (iv) ownership and transfer of land and its resources, shall apply to the State of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides. 

The Article as much as it is a Constitutional right and legal mechanism also resonates a political process, therein, holding as a political barometer that represents the will of the people when Nagas deem their autonomy and control over land, customary laws, religious or social practices are threatened by the Government. As such, the Article is seen as one of the recourses that safeguard the collective rights of the Nagas which is perceived as unique because the idea of the Naga identity and the political struggle was organized and informed by the villages, which with its territoriality functioned as small republics. 

However, the zeitgeist of the 21st century with privatization, globalization and liberalization at its core have not left Nagaland untouched, therein, the Naga identity attached to the territoriality and functioning of its villages. Today, the challenge is for the Nagas to collectively and responsibly claim her past and her history while also, critically exploring possibilities towards sustainable community and  development.  

If we then premise that land and the village are at the heart that holds the foundation of Naga identity – social, customs, language, culture and heritage, then:  What is the place of Article 371A for the people in Nagaland in the current arrangement with the Indian Union? 

At such a threshold examining the pertinent issues on land, customary law, religious or social practices of the Nagas informed by her historical foundation as well as contemporary political arrangement and economic realities vis-à-vis, Article 371A becomes critical. It may be noted that while the status of the Article may be challenged and changed, the historical foundation of the Nagas cannot. Just the same, to understand the challenges and limitations of the Special Provisions inserted into the Constitution in its fullest scope is essential.

The need for such a discussion on the Article presented itself when the contentious subject of Urban Local Bodies (ULB) election re-surfaced when the State Election Commission in March 2023 notified that the ULB polls would be scheduled for 16th May 2023. It may also be pointed out that over time the opposition to ULB evolved from 33 percent reservation for women to also ‘taxation’, therein the issue of ‘land’ for the Nagas. As it is, the UBL election matter is presently sub judice before the Supreme Court and remains unresolved in the state.

It was in the context of the debates and discussions in Nagaland on the issue of the ULB election vis-à-vis, Article 371A that PINE reached out and started conversations with different civil society.  During such informal conversations the need to revisit and understand the interpretation of Article 371A as wide and as extensive as constitutionally possible with the support of not only eminent but honourable and dependable constitutional lawyer (s) was felt. 

Accordingly, the Symposium was organised to explore more clarity on the interpretation of Article of 371A and facilitate a public discussion by the public themselves with India’s respected constitutional lawyer and senior counsel, Raju Ramachandran, former Additional Solicitor General of India. Alongside, Arkaja Singh, Fellow, Centre for Policy Research, New Delhi, whose  areas of interest and experience include  municipals acts in India, inclusive  urban development policy and programming, land governance, informal settlements, municipal water and sanitation was invited.

Opening the Symposium, Niketu Iralu gave an introduction to the socio-political context that led to insertion of Article 371A into the Constitution of India. Ramachandran in his keynote address presented a Working Paper on the theme. The following are extracts from Ramachandran’s Working Paper for further deliberation and discussion:

1.    The Constitution of India is a Federation with a strong unitary bias i.e., a bias towards the Centre.  On the other hand, to accommodate the large diversity of the country, its federalism is asymmetrical, and Article 371A is an example of such asymmetry.

2.    The general consensus is that the looming omnipresence of the 16-Point Agreement will guide or colour our interpretation of Article 371A. So whether the language of Article 371A  can be read by itself as a bare-bones legal text or is the 16-Point Agreement to be used as an aid to the interpretation of Article 371A.

3.    No ‘Act of Parliament’, on the four subjects under Article shall apply to the State of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides’; meaning, though it would apply to other states in the country it cannot be in Nagaland, unless the Legislative Assembly of Nagaland by a resolution says ‘yes’.

4.    However, while individual ‘Acts of Parliament’ may not apply, certain overarching principles of the Constitution will apply and those are going to lead to legal problems, dilemmas, conundrums as we go along.

5.    371A doesn't protect against the Constitution and its fundamental rights.  It only protects against ordinary laws of Parliament.  So Article 371A which talks of no ‘Act of Parliament’ being automatically applicable, cannot come in the way of the operation of the provisions of the mother document of the Constitution itself. 

6.    On Contemporary Issues:

I.    Municipal Elections and women’s reservation: (a) There is a Constitutional mandate because there was the 73rd Amendment and the 74th Amendment for Panchayats, and Municipalities. The provision for Panchayats in Article 243M specifically exempted the State of Nagaland so as far as village panchayats are concerned.  Thus, the Constitution itself exempts the State of Nagaland; (b) But when it comes to Municipalities, Article 243ZC does not exempt the State of Nagaland. So reservation for women is a constitutional mandate from which the State of Nagaland is not constitutionally exempt. However, to carry out a constitutional mandate of reservation, one needs a law. So there was the state law - the Nagaland Municipal Act, 2001; (c) But elections were not being held. People had moved the Supreme Court and then the State of Nagaland has now repealed that law. So there is no legal framework in which women's reservation can be implemented in the State of Nagaland; (d) But this will only be for a temporary phase. Because while the court normally cannot compel a state to legislate, the state will have to answer the Supreme Court because it's a pending case on a constitutional right. In this scenario, Nagaland must satisfy the Supreme Court, that the reservation for women offends Naga customary or religious law which is why the State Legislature doesn't want it; (e) But if God forbid, there is such a custom which is demeaning to the dignity of women in either the customary or religious law of Nagaland, and then someone chooses to challenge that custom, by reference to the fundamental rights of the Constitution, then it's going to be very difficult to say that 371A protects, because 371A doesn't protect against the Constitution and its rights. It only protects against ordinary laws of Parliament.

II. Uniform Civil Code (UCC): While it is a constitutional mandate, it  is a ‘directive principle’  and not a ‘fundamental rights’, therefore, Article 371A will come to the aid of the state of Nagaland because if the state of Nagaland does not adopt that Act of Parliament which embodies a UCC, there is no way it can be imposed.

III. Land and its resources: (a) Distinguished jurists who have given their opinions to the Government of India over the years have made it clear that no land and its resources whatever the Central Mines and Minerals Development Act, cannot apply to Nagaland; (b) Nagaland has passed its own law. It has been reserved for the President's assent, which hasn't come; (c) But it seems to be clear that the Mines and Minerals Act- the Central Act, does not apply to the State of Nagaland because the State of Nagaland has not adopted the Act; (d) Then, it must logically follow that the State of Nagaland by itself has the power to pass a law with regard to Land and Minerals. 

8.  On the question of whether 371A is an ‘enabling provision’ (which enables, facilitates and enables the state of Nagaland to proactively act in the interest and for the welfare of its people); or is merely some ‘protective provision’ (which says, ‘centre don't come here’ and thus, create a stalemate). 

371A has not been enacted just to create a stalemate. It protects the state, but at the same time, it doesn't mean that the state will come to a standstill. So if the Centre’s law does not apply, then it must logically follow that the State should be able to make a law on that subject. There can't be a vacuum. And that is the interpretation that can be submitted on the question of Land and Minerals and those related to the enumerated subjects.

9. Can Article 371A be removed? Every part of the Constitution can be amended by Parliament as long as the requisite parliamentary majorities is there and in the case of matters affecting states - the necessary majorities of one half of the state legislatures, that's all that is required. Once those majorities are there, every part of the Constitution can be amended, watered down and abolished. Therefore, 371A also, theoretically, can go.

10. Questions for Nagaland to ponder: “Is asymmetric federalism as embodied in article 370, 371A-J and the Fifth and Sixth Schedules a part of the Basic Structure of the Constitution, or is it just an important feature of the Constitution?” Or more specifically, “Is 371A so basic to the Constitution of India that the Constitution of India is unrecognizable without it… where that the Constitution loses its identity without its existence?”

Arkaja Singhin her paper on ‘Urban Governance in the Context of Nagaland’ broadened the subject by discussing the foundations of local government  in India and understanding the 74th Amendment before delving into the municipalisation experiences in Mizoram, Meghalaya and Sikkim in the North East region. Based on her wide research and experiences she suggested Nagaland to deliberate and develop their own framework for urban governance that could work in tandem with their existing structures of local governance. She gave suggestions for Nagaland Municipals and it’s potentials under Article 371(A). Specifically, she pointed out the three key requirements that needs to be addressed:  

1. Representativeness, in whatever form, which need not be elections

2. Accountability (and a framework for responsible action)

3. And the ability to coordinate at the grassroots and between the grassroots and the city/urban scale 

The discussants for Ramachandra and Singh were CT Jamir, Senior Advocate and Dr G Kanato Chophy respectively. 

The first session was followed with a panel discussion on the theme moderated by W Moba Konyak. On the panel were Dr Khriezo Yhome, Dr Hotokhu Chishi, Alemtemshi Jamir, IAS; Dr M Libanthung Ngullie, Neiteo Koza, Advocate. 

A total of 74 people representing different organizations and Hohos attended the Symposium. A full report on the Symposium will also be released.

Summary of the One-Day Symposium organised by the Kerünyü Ki Sabang (KKS) and Peace Initiatives of North East (PINE), Dimapur on the theme ‘Article 371A Provisions in the Constitution of India: Scope, Limitations and Challenges’ at Shalom Bible Seminary, Sechü-Zubza on July 8, 2023.

Issued by: Kerünyü Ki Sabang (KKS) and Peace Initiatives of North East (PINE), Dimapur  

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case study on article 371a

Abrogation of article 370 and the question of asymmetrical federal arrangement in Northeast India

  • Original Paper
  • Published: 03 December 2022
  • Volume 2 , article number  265 , ( 2022 )
  • Hm Izhar Alam   ORCID: orcid.org/0000-0003-0426-9608 1  

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India is the largest democracy with multi-religious, multi-cultural, multi-racial, and multi-lingual society. In a democratic society, asymmetrical federalism has evolved as an answer to the question of accommodating and managing diversity. The paper intends to explore how asymmetric federal institutions were implanted in the Constitution under articles 370, 371, and the sixth schedule. The central theme of this paper is the self-rule assertion in the Northeast to be placed under the concept of asymmetrical federal arrangement in relation to the recent abolition of article 370. It also analyses how differences in ethnicity and region were accommodated in nation-building through asymmetric federalism, traversing the challenges in crafting, and implementing. The abrupt abolition of article 370, ethnic conflict, and the aspirations for self-rule in the Northeast is debatable in the context of self-rule and shared-rule. The Indian government should have gone for a more conciliatory action. Moreover, it must be cautious and amiable in handling the fragile, existing conundrum of power-sharing federal arrangement and inclusivity in the Northeast and Jammu & Kashmir.

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Data availability

The datasets generated during and/or analysed during the current study are available in the [Text for Constituent Assembly Debate and Proceedings are available in Parliament of India, Lok Sabha Library, Digital Library] repository, http://164.100.47.194/Loksabhahindi/cadebatefiles/cadebates.html ; https://eparlib.nic.in/handle/123456789/4

As laid down in the Constitution of India 1950, article 246; Whilst the Union List contains subjects over which exclusive legislative authority resides in the Union government, the Concurrent List contains subjects over which both Union and States have authority to legislate.

As in the Constitution of India 1950, article 1: 1) India, that is Bharat, shall be a Union of States; (2) The States shall mean the states for the time being specified in Parts I, II, and III of the First Schedule; (3) The territory of India shall comprise (a) the territories of the States; (b) the territories for the time being specified in Part IV of the First Schedule; and (c) such other territories as may be acquired.

In the Constitution of India 1950, article 370 (1) (c).

In the Constitution of India 1950, article 370 (1) (d).

In the Constitution of India 1950, article 370(3).

In the Constitution of India 1950, article 370 (2).

Statement by Union Home Minister G.L. Nanda in a discussion on Article 370 in Lok Sabha on November 27, 1963, as quoted in the book, Article 370: A Constitutional History of Jammu and Kashmir written by A.G. Noorani, p. 2.

(2014) Omar Abdullah: Either Article 370 will exist, or J&K won’t be a part of India, Omar Abdullah tweets. In: The Times of India. https://timesofindia.indiatimes.com/india/either-article-370-will-exist-or-jk-wont-be-a-part-of-india-omar-abdullah-tweets/articleshow/35634684.cms . Accessed 9 Aug 2021

Aggarwal S (2019) The Presidential Orders That Felled A State; Writ Petitions Challenging This Fraud On The Indian Constitution; Praying Justice For Kashmiris. https://countercurrents.org/2019/09/the-presidential-orders-that-felled-a-state-writ-petitions-challenging-this-fraud-on-the-indian-constitution-praying-justice-for-kashmiris/ . Accessed 9 Aug 2021

Agranoff R (ed) (1999) Accommodating Diversity: Asymmetry in Federal States. Nomos Verlagsgesellschaft, Baden-Baden

Google Scholar  

Ahmad W (2014) Article 370 back in focus, courtesy Jitendra Singh. The Indian Express, Noida

Amarjeet Singh M (2008) Ethnic diversity, autonomy, and territoriality in Northeast India: a case of tribal autonomy in Assam. Strateg Anal 32(6):1101–1114. https://doi.org/10.1080/09700160802404588

Article   Google Scholar  

Arora B (1995) Adapting federalism to India: Multilevel and asymmetrical innovations. In: Arora B, Verney DV (eds) Multiple identities in a single state Indian federalism in a comparative perspective. Konark, Delhi

Arora B, Kailash KK, Saxena R, Suan HKK (2013) Indian Federalism. In: Suri KC, Vanaik A (eds) Political Science. Oxford University Press, Oxford, pp 100–160

Chapter   Google Scholar  

Ayyangar G (1949) Constitution of India Debates (Proceedings). In: Volume X. http://www.constitutionofindia.net/constitution_assembly_debates/volume/10/1949-10-17 . Accessed 9 Aug 2021

Behera NC (2006) Demystifying Kashmir. Brookings Institution Press, Washington DC

Bhakto A (2019) Kashmir under siege. In: Frontline. https://frontline.thehindu.com/cover-story/kashmir-under-siege/article29047653.ece . Accessed 9 Aug 2021

Bordoloi G (1949) Constitution of India Debates (Proceedings). In: Volume IX. https://www.constitutionofindia.net/constitution_assembly_debates/volume/9/1949-09-06#9.133.33 . Accessed 9 Aug 2021

Chaudhari RK (1949) Constitution of India Debates (Proceedings). In: Volume IX. https://www.constitutionofindia.net/constitution_assembly_debates/volume/9/1949-09-06#9.133.50 . Accessed 9 Aug 2021

Chowdhary R (2000) Autonomy demand: Kashmir at crossroads. Econ Pol Wkly 35(30):2599–2603

Security Council (1951) Resolution 91/1951

Das NK (2011) Naga peace parleys: sociological reflections and a plea for pragmatism. Econ Pol Wkly 46(25):70–77

Das Gupta JB (1968) Jammu and Kashmir. Springer, Netherlands

Book   Google Scholar  

Das B (1949) Constitution of India Debates (Proceedings). In: Volume IX. https://www.constitutionofindia.net/constitution_assembly_debates/volume/9/1949-09-07#9.134.191 . Accessed 9 Aug 2021

Erk J, Anderson L (2009) The paradox of federalism: Does self-rule accommodate or exacerbate ethnic divisions? Regional & Federal Studies 19(2):191–202. https://doi.org/10.1080/13597560902753388

Frowein JA, Bank R (2000) The participation of minorities in decision making processes. Council of Europe, Heidelberg

G. Nair B, (2019) Abrogation of Article 370: can the president act without the recommendation of the constituent assembly? Indian Law Review 3(3):254–279. https://doi.org/10.1080/24730580.2019.1700592

Gagnon AG (2001) The moral foundations of asymmetrical federalism: a normative exploration of the case of Quebec and Canada. In: Gagnon AG, Tully J (eds) Multinational Democracies, 1st edn. Cambridge University Press, Cambridge, pp 319–337

Gagnon AG (2009) The Case for Multinational Federalism, 1st edn. Routledge, London

Gagnon AG, Gibbs C (1999) The Normative Basis of Asymmetrical Federalism. In: Agranoff R (ed) Accommodating Diversity: Asymmetry in Federal States. Nomos Verlagsgesellschaft, Baden-Baden, pp 73–93

Ministry of Home Affairs, GoI (2019) Parliament approves Resolution to repeal Article 370; paves way to truly integrate J&K with Indian Union. In: Press Information Bureau. https://pib.gov.in/newsite/PrintRelease.aspx?relid=192505 . Accessed 9 Aug 2021

Jain A (2018) PIL In SC Challenges Art. 370, Says It Be Declared As Lapsed & J&K Constitution As Unconstitutional [Read Petition]. In: LiveLaw. https://www.livelaw.in/pil-in-sc-challenges-art-370-says-it-be-declared-as-lapsed-jk-constitution-as-unconstitutional-read-petition/ . Accessed 9 Aug 2021

Khan A (2004) Situating Federalism, Minorities and Communalism in the Indian Polity. Eur Yearb Minority Issues Online 4(1):85–115. https://doi.org/10.1163/22116117-90000005

Khan A (2012) Contesting Democratic Polities in the Interest of Federalism. L’europe En Form 363(1):251–263. https://doi.org/10.3917/eufor.363.0251

Kymlicka W (2003) Multicultural citizenship: a liberal theory of minority rights. Clarendon Press, Oxford

Manor J (1998) Making federalism work. J Democr 9(3):21–35. https://doi.org/10.1353/jod.1998.0048

McGarry J (2007) Asymmetry in federations, federacies and Unitary States. Ethnopolitics 6(1):105–116. https://doi.org/10.1080/17449050701232983

McGarry J, O’Leary B (1993) Introduction: The macro-political regulation of ethnic conflict. In: McGarry J, O’Leary B (eds) The Politics of Ethnic Conflict Regulation, 1st edn. Routledge, London, pp 1–40

McGarry J, O’Leary B (2009) Must pluri-national federations fail? Ethnopolitics 8(1):5–25. https://doi.org/10.1080/17449050902738838

Noorani AG (2011) Article 370: a constitutional history of Jammu and Kashmir. Oxford University Press, New Delhi

Noorani AG (2000) Article 370: Law and politics. In: Frontline. https://frontline.thehindu.com/the-nation/article30255012.ece . Accessed 9 Aug 2021

Noorani AG (2019) A dubious Constitution. In: Frontline. https://frontline.thehindu.com/the-nation/article26003923.ece . Accessed 9 Aug 2021

O’Leary B (2001) An iron law of nationalism and federation?: a (neo-Diceyian) theory of the necessity of a federal Staatsvolk, and of consociational rescue. Nat Natl 7(3):273–296. https://doi.org/10.1111/1469-8219.00017

OHCHR, UNDP (2004) Inclusion of Indigenous People in Democratic Institutions. Seoul

Potter PB (1950) The principal legal and political problems involved in the Kashmir Case. Am j Int Law 44(2):361–363. https://doi.org/10.2307/2193764

PTI (2014) Article 370 is non-negotiable, irrevocable: Mufti on BJP manifesto-Politics News , Firstpost. In: Firstpost. https://www.firstpost.com/politics/article-370-is-non-negotiable-irrevocable-mufti-on-bjp-manifesto-1469919.html . Accessed 9 Aug 2021

PTI (2018) BJP leader Ashwini Kumar Upadhyay files PIL in SC challenging Article 370; claims special provision was “temporary.” In: Firstpost. https://www.firstpost.com/india/bjp-leader-ashwini-kumar-upadhyay-files-pil-in-sc-challenging-article-370-claims-special-provision-was-temporary-5234631.html . Accessed 9 Aug 2021

Requejo F, Badia MC (2012) Introduction: Democracy and federalism in plurinational societies. In: Requejo F, Badia MC (eds) Federalism, Plurinationality and Democratic Constitutionalism: Theory and Cases. Routledge, London, pp 1–13

Roy JJN (1947) Constitution of India Debates (Proceedings). In: Volume III. https://www.constitutionofindia.net/constitution_assembly_debates/volume/3/1947-04-30#3.19.127 . Accessed 9 Aug 2021

Roy JJN (1949) Constitution of India Debates (Proceedings). In: Volume IX. https://www.constitutionofindia.net/constitution_assembly_debates/volume/9/1949-09-06#9.133.50 . Accessed 9 Aug 2021

Singh B, Singh KS, Gokhale AM (1992) Report of the Expert Committee on Plains Tribes of Assam. Government of India, New Delhi

Singh B (2020) Arunachal assembly passes resolution for inclusion of state in Sixth Schedule. In: The Economic Times. https://economictimes.indiatimes.com/news/politics-and-nation/arunachal-assembly-passes-resolution-for-inclusion-of-state-in-sixth-schedule/articleshow/77789660.cms?from=mdr . Accessed 9 Aug 2021

Sofi WA, Khan A (2018) Federalism: An Idea Behind the Success of Indian Democracy. In: Khan NA (ed) Challenges and Issues in Indian Fiscal Federalism. Springer, Singapore, pp 159–169

Tarlton CD (1965) Symmetry and asymmetry as elements of federalism: a theoretical speculation. The Journal of Politics 27(4):861–874. https://doi.org/10.2307/2128123

Taylor C (1995) The Politics of Recognition. In: Gutmann A (ed) Multiculturalism. Princeton University Press, pp 25–74

Tillin L (2006) United in diversity? asymmetry in Indian federalism. Publius J Federalism 37(1):45–67. https://doi.org/10.1093/publius/pjl017

Trivedi VR (ed) (1995) Documents on Assam: Part - A. Omsons Publications, New Delhi

Venkatesan V (2019) Supreme Court on civil liberties: Sentinel no more. In: Frontline. https://frontline.thehindu.com/cover-story/sentinel-no-more/article29617636.ece . Accessed 9 Aug 2021

Watts RL (2008) Comparing federal systems, 3rd edn. Queens University, Kingston

Weller M, Wolff S (eds) (2005) Autonomy, Self Governance and Conflict Resolution. Routledge, London

Wheare KC (1963) Federal government. Oxford University Press, London, New York

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Acknowledgements

I gratefully acknowledge the suggestions of Professor Arshi Khan, Department of Political Science, Aligarh Muslim University, India and also expressed my thankfulness to the editor and anonymous reviewer of SN Social Sciences for their constructive comments on an earlier draft of this article. Therefore, for this research compliance with ethical standards is not applicable.

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Changes in Hospital Adverse Events and Patient Outcomes Associated With Private Equity Acquisition

  • 1 Division of Pulmonary and Critical Care Medicine, Massachusetts General Hospital, Boston
  • 2 Division of Pulmonary, Critical Care, and Sleep Medicine, Beth Israel Deaconess Medical Center, Boston, Massachusetts
  • 3 Department of Health Care Policy, Harvard Medical School, Harvard University, Boston, Massachusetts
  • 4 Department of Public Health Sciences, University of Chicago, Chicago, Illinois
  • 5 Department of Medicine, Massachusetts General Hospital, Boston
  • 6 Center for Primary Care, Harvard Medical School, Harvard University, Boston, Massachusetts
  • Viewpoint Potential Implications of Private Equity Investments in Health Care Delivery Suhas Gondi, BA; Zirui Song, MD, PhD JAMA
  • Viewpoint A Policy Framework for the Growing Influence of Private Equity in Health Care Delivery Christopher Cai, MD; Zirui Song, MD, PhD JAMA
  • Medical News in Brief Private Equity Ownership in Health Care Linked to Higher Costs, Worse Quality Emily Harris JAMA
  • Original Investigation Changes in Hospital Income, Use, and Quality Associated With Private Equity Acquisition Joseph D. Bruch, BA; Suhas Gondi, BA; Zirui Song, MD, PhD JAMA Internal Medicine
  • Insights COVID-19 and Private Equity Investment in Health Care Delivery Joseph Bruch, BA; Suhas Gondi, BA; Zirui Song, MD, PhD JAMA Health Forum

Question   How do quality of care and patient outcomes change after private equity acquisition of hospitals?

Findings   In a difference-in-differences examination of 662 095 hospitalizations at 51 private equity–acquired hospitals and 4 160 720 hospitalizations at 259 matched control hospitals using 100% Medicare Part A claims data, private equity acquisition was associated with a 25.4% increase in hospital-acquired conditions, which was driven by falls and central line–associated bloodstream infections. Medicare beneficiaries at private equity hospitals were modestly younger, less likely to have dual eligibility for Medicare and Medicaid, and transferred more to other acute care hospitals relative to control, likely reflecting a lower-risk population of admitted beneficiaries. This potentially explained a small relative reduction for in-hospital mortality that dissipated by 30 days after hospital discharge.

Meaning   Private equity acquisition of hospitals, on average, was associated with increased hospital-acquired adverse events despite a likely lower-risk pool of admitted Medicare beneficiaries, suggesting poorer quality of inpatient care.

Importance   The effects of private equity acquisitions of US hospitals on the clinical quality of inpatient care and patient outcomes remain largely unknown.

Objective   To examine changes in hospital-acquired adverse events and hospitalization outcomes associated with private equity acquisitions of US hospitals.

Design, Setting, and Participants   Data from 100% Medicare Part A claims for 662 095 hospitalizations at 51 private equity–acquired hospitals were compared with data for 4 160 720 hospitalizations at 259 matched control hospitals (not acquired by private equity) for hospital stays between 2009 and 2019. An event study, difference-in-differences design was used to assess hospitalizations from 3 years before to 3 years after private equity acquisition using a linear model that was adjusted for patient and hospital attributes.

Main Outcomes and Measures   Hospital-acquired adverse events (synonymous with hospital-acquired conditions; the individual conditions were defined by the US Centers for Medicare & Medicaid Services as falls, infections, and other adverse events), patient mix, and hospitalization outcomes (including mortality, discharge disposition, length of stay, and readmissions).

Results   Hospital-acquired adverse events (or conditions) were observed within 10 091 hospitalizations. After private equity acquisition, Medicare beneficiaries admitted to private equity hospitals experienced a 25.4% increase in hospital-acquired conditions compared with those treated at control hospitals (4.6 [95% CI, 2.0-7.2] additional hospital-acquired conditions per 10 000 hospitalizations, P  = .004). This increase in hospital-acquired conditions was driven by a 27.3% increase in falls ( P  = .02) and a 37.7% increase in central line–associated bloodstream infections ( P  = .04) at private equity hospitals, despite placing 16.2% fewer central lines. Surgical site infections doubled from 10.8 to 21.6 per 10 000 hospitalizations at private equity hospitals despite an 8.1% reduction in surgical volume; meanwhile, such infections decreased at control hospitals, though statistical precision of the between-group comparison was limited by the smaller sample size of surgical hospitalizations. Compared with Medicare beneficiaries treated at control hospitals, those treated at private equity hospitals were modestly younger, less likely to be dually eligible for Medicare and Medicaid, and more often transferred to other acute care hospitals after shorter lengths of stay. In-hospital mortality (n = 162 652 in the population or 3.4% on average) decreased slightly at private equity hospitals compared with the control hospitals; there was no differential change in mortality by 30 days after hospital discharge.

Conclusions and Relevance   Private equity acquisition was associated with increased hospital-acquired adverse events, including falls and central line–associated bloodstream infections, along with a larger but less statistically precise increase in surgical site infections. Shifts in patient mix toward younger and fewer dually eligible beneficiaries admitted and increased transfers to other hospitals may explain the small decrease in in-hospital mortality at private equity hospitals relative to the control hospitals, which was no longer evident 30 days after discharge. These findings heighten concerns about the implications of private equity on health care delivery.

Read More About

Kannan S , Bruch JD , Song Z. Changes in Hospital Adverse Events and Patient Outcomes Associated With Private Equity Acquisition. JAMA. 2023;330(24):2365–2375. doi:10.1001/jama.2023.23147

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UNCHARTED WATERS

Strawberry Case Study: What if Farmers Had to Pay for Water?

With aquifers nationwide in dangerous decline, one part of California has tried essentially taxing groundwater. New research shows it’s working.

case study on article 371a

Coral Davenport reported in the Pajaro Valley, meeting farmers, regulators and C.E.O.s and visiting oceanfront strawberry fields. Photographs by Nathan Weyland.

The strawberry, blackberry and raspberry fields of the Pajaro Valley stretch for 10 miles along the coast of California’s Monterey Bay, jeweled with fruit from April through early December. The valley’s 30,000 acres of farmland are also ruffled with emerald lettuces, brussels sprouts and varieties of kale, bringing in roughly $1 billion in revenue to the region each year.

All that abundance doesn’t come cheap.

While American farmers elsewhere have watered their crops by freely pumping the groundwater beneath their land, growers in Pajaro must pay hefty fees for irrigation water — making it one of the most expensive places to grow food in the country, if not the world. The cost: Up to $400 per acre-foot , a standard measurement equal to water covering one acre, one foot deep. The fees bring in $12 million a year, which is used to recycle, restore and conserve the region’s groundwater.

The Pajaro Valley’s unusual system — essentially a tax on water — was born of a berry-growing disaster some 40 years ago that forced farmers to act. Today, as the nation faces a spreading crisis of dwindling groundwater , stemming from a combination of climate change, agricultural overpumping and other issues, some experts say the Pajaro Valley is a case study in how to save the vital resource.

“What they are doing is cutting edge,” said Felicia Marcus, a former chair of the California State Water Resources Control Board and now a fellow at Stanford University’s Water in the West Program. While a few other regions have imposed fees on groundwater for farming, Pajaro Valley has been one of the most aggressive and effective. “They are way ahead of the curve,” she said.

Experts from as far away as China and Egypt are traveling to the valley to study the system. But replicating it elsewhere could face major challenges. For one thing, “People don’t like taxes,” said Nicholas Brozovic, an agricultural economist at the University of Nebraska. “There’s nothing mysterious about that.”

New research on the program revealed a direct connection between paying for the groundwater and conserving it: A 20 percent increase in the price of groundwater has resulted in a 20 percent decrease in the extraction of groundwater.

A man wearing a dark pullover sweater stands in a greenhouse between rows of plants.

Water can’t be free anywhere,” said Soren Bjorn of Driscoll’s, the berry giant.

A cream-colored office wall decorated with a row of artworks depicting blackberries, strawberries and other varieties of berry.

Driscoll’s headquarters in the heart of California berry country.

One reason experts see Pajaro as a model: Despite the high price of water, agriculture in the region is thriving. It is the headquarters of major brands, including Driscoll’s, the world’s largest berry supplier, and Martinelli’s, which grows most of the apples for its sparkling cider in the Pajaro Valley.

Soren Bjorn, a senior executive at Driscoll’s who in January will become the chief executive, said in an interview that he “absolutely” sees the region as a model of water pricing that could be replicated in water-stressed regions from Texas to Portugal. “Water can’t be free anywhere, because you can’t run a sustainable water supply without pricing it,” he said. “That would apply to the globe."

Yet, if the Pajaro Valley experiment were to be replicated across the country, it could trigger changes across the economy that affect both farmers and shoppers, resulting in higher prices at the grocery store while forcing farmers to abandon low-cost commodity crops that are needed for animal feed and other purposes, such as textiles.

While corporate growers of premium products like berries, which are shipped to the shelves of major chains like Whole Foods, Safeway and Trader Joe’s, can absorb the price of Pajaro’s water, there is no way farmers of commodity crops like cotton, alfalfa and soybeans can make the economics work, said David Sanford, the agricultural commissioner of the Santa Cruz County, which includes the Pajaro Valley.

In the years since the price on water was imposed, growers of those crops either shifted to high-priced berries and lettuces, or simply left the region for cheaper pastures.

“There’s a big public-policy argument for pricing groundwater,” said Louis Preonas, an agricultural economist at the University of Maryland. “But if you were to try something like this across the country, it would mean farmers would shift away from growing crops like corn, or leave agriculture altogether. Any way you cut it, it would likely raise food prices. But the alternative is running out of water.”

Tiny plants peek from rows of plastic sheeting that stretch to the horizon.

Decades ago, overpumping began imperiling Pajaro Valley farms. A strawberry field recently.

A New York Times investigation this year found that many of the aquifers that supply 90 percent of the nation’s drinking-water systems are being severely depleted by a combination of climate change and overpumping by farmers, industrial users, cities and others.

For many of the nation’s farming regions, the day of reckoning with the loss of groundwater is fast approaching. In the Pajaro Valley, it came 40 years ago.

With its loamy, sandy soil and cool nighttime breezes, the Monterey coast is an ideal climate for strawberries. But in the 1980s, disaster struck. Growers over pumped the coastal groundwater, allowing saltwater from the Pacific Ocean to seep in below their fields, up through the roots of the berry crop.

“You could see the yellow leaves, the discoloration, the stunted growth,” recalled Dick Peixoto, whose family has farmed here since 1920.

Faced with an economic disaster, Mr. Peixoto and other growers formed a local water agency with two goals: preserve the groundwater and prevent the state from taking control.

The Pajaro Valley Water Management Agency, still locally run today, got to work. Its first project was installing meters to measure how much groundwater growers were using. In 1993, it started charging farmers a modest fee of $30 per acre-foot to cover the cost of managing and reading the meters.

A man wearing a dark windbreaker and sunglasses stands in a field surrounded by bright green crops at waist height.

Dick Peixoto: “You could see the yellow leaves, the discoloration.”

A close-up image of the sealed end of an angled pipe protruding out of bare ground,

A well pipe capped years ago to stop saltwater intrusion.

The water agency hired hydrologists and other consultants, who concluded that the aquifer was severely overdrawn and could be lost entirely to saltwater. In response the agency built a $6 million project to capture and divert excess rainwater from a creek near the ocean and pump it into a storage basin, where it percolates into underground wells and is eventually used for irrigation.

Next came a $20 million water recycling plant, which cleans approximately five million gallons of sewage each day and sends it through a network of purple pipes to farm fields. The purple signals that the water inside is recycled.

Now the agency is building an $80 million system to capture and store more rainwater to be used for irrigation. Some of the cost the agency’s projects has been covered by federal grants and loans, with the rest from the groundwater pricing system, said Brian Lockwood, who has been the general manager of the Pajaro Valley Water Management Agency for 18 years.

“These projects are millions of dollars, and without this source of revenue they could never come to be,” he said.

As the ambitions of the water agency increased, so did the price of the water. It is scheduled to reach $500 per acre-foot by 2025.

In the early years, farmers chafed under the rate increases. “The pricing was really difficult, when the water used to be, you know, free,” said Thomas Broz, who has farmed about 75 acres in Pajaro since 1996.

Eventually, a group of growers challenged the water agency in court and were able to drive down the prices for a few years, and even forced the agency to refund about $12 million to farmers between 2008 and 2011.

Bright yellow construction equipment stands beside a excavated area that is partly lined with concrete.

A new reservoir to capture rainwater.

But then, from 2012 to 2017, California was struck by its worst drought in recorded history, parching farmland and devastating the rural economy. Growers across the state, particularly in the Central Valley, reached a deal with the state to sharply restrict their water use and fallow their fields.

In the Pajaro Valley, water became more expensive, but at least it was still flowing. To save money many Pajaro farmers invested in precision irrigation technology to distribute carefully measured water exactly where it was needed. Gone were the days of sprinklers that drenched fields indiscriminately.

In the midst of the drought, the then-governor of California, Jerry Brown, signed a law requiring every part of the state to devise a plan to conserve groundwater. Miles Reiter, the outgoing chief executive of Driscoll’s, spoke in support of the law.

Suddenly, Pajaro was a model.

“Now, we’re seen as these pioneers who showed the way,” said Mr. Lockwood. “We get calls from all over the state. How did you get this going? How do get the growers to agree to it?” He partly credits local control of the resources, saying, “This is better than the county or the state coming and taking control. And by now, this is something that’s solid, it’s been tried, it’s survived lawsuits.”

The last time the agency raised rates, in 2021, there was almost no resistance from growers, said Amy Newell, who chairs the Pajaro Valley Water Management Agency Board of Directors.

A man wearing a button-down shirt and dark vest gestures with his right hand above a purple water pipe next to a field.

Brian Lockwood: “We’re seen as these pioneers who showed the way.”

Overhead view of a white building laced with pipes across the rooftop.

The Pajaro Valley water treatment center.

Mr. Broz, who paid $20,000 last year for water, said he has come around to accepting the system.

“The farmer has very little flexibility to build in the cost of water, so it means we have to price it into our product — it means we basically can’t be as competitive,” said Mr. Broz, who grows lettuces, berries, apples, and other vegetables. “But the pricing has allowed us to put in place the kind of measures that will help us have a sustainable system for the long term, if we want to keep the resource.”

In the central California valley’s Westlands water district, where many farmers fought the groundwater-management law, the board of directors will soon vote on a plan that would allow growers to pay for credits to use groundwater above a certain allocation. They could buy and sell the credits, starting at about $200 a credit. A handful of other water districts in California are implementing similar measures.

Many farmers worry about the beginning of such a trend.

“The concern is that any kind of pricing scheme or market based mechanism that tries to manage or distribute this resource is likely to privilege a certain kind of producer — a multinational corporation — at the expense of small-scale independent farmers,” said Jordan Treakle, program coordinator for the National Family Farm Coalition.

And in some parts of the country, pricing groundwater could spell an end to current crops altogether. For example, some experts said that could be the case for producers of Texas cotton , a commodity crop that relies almost entirely on groundwater from the depleting Ogallala aquifer.

Mr. Bjorn of Driscoll’s said Americans should be ready to face just that outcome.

“We can’t get away with producing something for which the resources do not exist,” he said. “We would be fooling ourselves to keep growing low-value crops in places in the desert.”

“Overcoming the hump of the politics is the hardest part,” Mr. Bjorn said. “After that it’s just managing the resource.”

Uncharted Waters

A series on the causes and consequences of disappearing water.

America Is Using Up Its Groundwater Like There’s No Tomorrow

case study on article 371a

Big Farms and Flawless Fries Are Gulping Water in the Land of 10,000 Lakes

case study on article 371a

A Colorado City Has Been Battling for Decades to Use Its Own Water

case study on article 371a

‘Monster Fracks’ Are Getting Far Bigger. And Far Thirstier.

case study on article 371a

Inside Poland Spring’s Hidden Attack on Water Rules It Didn’t Like

A bottle of Poland Spring water, upside down with water pouring out, pictured against a black background.

A Tangle of Rules to Protect America’s Water Is Falling Short

case study on article 371a

As Groundwater Dwindles, Powerful Players Block Change

case study on article 371a

Airlines Race Toward a Future of Powering Their Jets With Corn

case study on article 371a

Who Gets the Water in California? Whoever Gets There First.

case study on article 371a

How America’s Diet Is Feeding the Groundwater Crisis

case study on article 371a

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States that have special provisions under Article 371 (A-J)

Besides J&K, special provisions have been provided to some other states also

A group of people protest in Delhi against the scrapping of Article 370 which gives special status to Jammu and Kashmir | Arvind Jain

The Centre on Monday scrapped Article 370, which granted special provisions to Jammu and Kashmir , and bifurcated the state into two Union Territories—Jammu and Kashmir and Ladakh. This would mean that laws under the Indian Constitution will be applicable to Jammu and Kashmir.

Apart from Jammu and Kashmir, special provisions have been provided to some other states under the Constitution of India, listed in Articles 371 and 371(A-J). While Articles 370 and 371 have been a part of the Constitution since January 26, 1950, Articles 371(A-J) were incorporated through amendments under Article 368, which lays down the power of the Parliament to amend the Constitution and procedure therefor. 

States that have special provisions under Article 371(A-J):

Article 371 – Maharashtra and Gujarat 

Governors of the states of Maharashtra and Gujarat are given special responsibilities to set up development boards in regions such as Vidarbha, Marathwada, Kutchh etc.

Article 371A – Nagaland 

Article 371A of the Constitution mainly states that no act of Parliament would apply to the state of Nagaland in matter relating to religious or social practices of Nagas, Naga customary law and procedure, administration of civil or criminal justice involving decisions according to Naga customary law and ownership and transfer of land and its resources. The Legislative Assembly of Nagaland must pass a resolution for an act to be applicable to the state.

The governor is given special responsibilities with respect to law and order in the state as well.

Article 371B – Assam

According to the special provision under Article 371B, the president may provide for the Constitution and functions of a committee of Legislative Assembly of the state consisting of members elected from the tribal areas of Assam.

Article 371C – Manipur

The special provision under Article 371C in the case of Manipur is similar to 371B for Assam. Here, too, the president may provide for the Constitution and functions of a committee of Legislative Assembly of the state, but consisting of members elected from the hill areas of Manipur.

The governor must submit an annual report to the president regarding the administration of hill areas as well.

Article 371D & E – Andhra Pradesh

Article 371D, which was added to the Constitution in 1974, provides equitable opportunities and facilities for the people of the state and safeguards their rights in matters of employment and education. The state government may organise civil posts or direct recruitment to posts in local cadre as required.

Article 371E states that the Parliament may by law provide for the establishment of a University in Andhra Pradesh.

Article 371F – Sikkim

Article 371F was incorporated into the Constitution in 1975. It states that the Legislative Assembly shall consist of not less than 30 members. In order to protect the rights and interests of the different sections of the population in the state of Sikkim, seats in the assembly are provided to people of these different sections. 

Article 371G – Mizoram

The Legislative Assembly of the state of Mizoram must consist of not less than 40 members. In addition, following the same provisions as Nagaland, an act of Parliament would not apply to Mizoram in matters relating to religious or social practices of Mizo, Mizo customary law and procedure, administration of civil or criminal justice involving decisions according to Mizo customary law, ownership and transfer of land and its resources.

Article 371H – Arunachal Pradesh

The Legislative Assembly of the state of Mizoram must consist of not less than 30 members. The governor will have special responsibility with respect to law and order in the state.

Article 371I – Goa

The Legislative Assembly of the state of Goa must consist of not less than 30 members.

Article 371J 

Article 371J grants special status to six backward districts of Hyderabad-Karnataka region. The special provision requires that a separate development board be established for these regions (similar to Maharashtra and Gujarat) and also ensures local reservation in education and government jobs.

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Evolving luxury

Françoise Bettencourt Meyers: L'Oréal heiress first woman to amass $100bn fortune

  • Published 29 December 2023

L'Oréal heiress Francoise Bettencourt-Meyers.

L'Oréal heiress Françoise Bettencourt Meyers has become the first woman to amass a $100bn (£78.5bn; €90.1bn) fortune, according to a ranking of the richest people in the world.

The French beauty empire founded by her grandfather is on track for its best stock market performance in decades.

L'Oréal shares rose to a record high in Paris on Thursday.

The firm has seen its sales rebound after the pandemic, when people under lockdown used less makeup.

The net worth of Ms Bettencourt Meyers, aged 70, crossed $100bn on the Bloomberg Billionaires Index, making her the 12th richest person in the world.

She is still a distance away from French counterpart Bernard Arnault, who was second on the list with a net worth of $179bn. Mr Arnault is the founder of LVMH, the world's biggest luxury group, which owns a portfolio of high-end brands including Fendi and Louis Vuitton.

L'Oréal did not immediately respond to a BBC request for comment.

Ms Bettencourt Meyers is the vice-chairperson of the company's board. She and her family are the single biggest shareholders of L'Oréal with a stake of around 35%.

She became the reigning heiress of L'Oréal after her mother, Liliane Bettencourt, died in 2017.

Liliane, who was regularly named France's richest person, had maintained close ties with French leaders and embraced the media limelight.

During her later years, she was embroiled in a public fight with Françoise, her only child, who had accused a photographer and socialite of taking advantage of her mother's mental frailty.

"My daughter could have waited patiently for my death instead of doing all she can to precipitate it," she said in a TV interview.

In 2011, a French court ruled that Liliane had a form of dementia, and awarded Françoise control over her wealth and income. Another family member was tasked to look after Liliane's health and physical well-being.

Francoise Bettencourt-Meyers and her mother Liliane Bettencourt at a fashion show in 2012.

Ms Bettencourt Meyers is said to favour privacy over attending social events frequented by many of the world's wealthy.

She is known to play the piano for several hours a day and has written two books - a five-volume study of the Bible and a genealogy of the Greek gods.

"She really lives inside her own cocoon. She lives mainly within the confines of her own family," said Tom Sancton, who authored the book The Bettencourt Affair.

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  • Post Mortem

Article 371(A): its uniqueness and status

In recent times, some individuals, even MLAs, have been commenting haphazardly about the Article 371(A). Some of the Ministers even blame the provision of ownership of land as a hindrance to development. Some individuals also alley fear that the Article 371(A) may even be scraped after what had happened to Article 370 pertaining to Jammu & Kashmir State. It must be understood that no Article of the Constitution concerning States can be revoked, except amendments, by the Parliament. If at all a decision to abrogate arises, it can only be done mutually. What the Parliament had done to Jammu & Kashmir State in 2019 appears to be an opinionated approach to Clause-3 of Article 370. Reading the lead portion of the clause that says, “Notwithstanding anything in the forgoing 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”, seemingly appears to mean that the Article 370 can be abrogated unilaterally by Parliament. However, reading further into the full text we find a condition that says, “Provided that the recommendation of the Constituent Assembly of the State shall be necessary before the President issues such notifications.”. Intent on scraping the article 370, Parliament, in order, to fulfil the condition of the provision of a non-existent constituent assembly in J&K, imposed President’s rule and then abrogated the article unilaterally. The action of the Parliament, therefore, is a clear breach of trust against a historical agreement of the people of Kashmir and the then Union of India. The action of the Parliament, in regard to J&K, is against the very democratic principle on which India is built upon. Parliament’s action is not only unconstitutional but also against the integrity of India because the unilateral abrogation of the mutually agreed accession document signed between erstwhile sovereign entities; India and J&K kingdom technically imply that Jammu & Kashmir is no more a State in the Union of India but a free country by the circumstance of not being a part of the abrogation act. Regarding Article 371(A) that created the State of Nagaland, we must understand its historical context, for that matter any State of the Union of India. Naga areas, called by the British as Naga Hills-Tuensang Area became a part of the Union of India not by accession or as a natural process of geographical contiguity or socio-political affinity but by the instrument of political negotiation and agreement thereof. Naga political identity is inscribed in the Memorandum to the Simon Commission of 10th January 1929 which emphatically stated that Nagas being different from the rest of India, by race, colour, culture and even food habits, should be “Left to their own devices as in ancient times” and accordingly, the Government of British India Act 1935 declared the Naga areas as “Excluded Area”; meaning outside the re-formed map of India and it was so. However, in 1947 when India got her independence, Naga areas were intruded by Indian forces leading to untold destruction and chaos. In the midst of this chaos, in July 1960, a 16 Point charter of demands of the Nagas was negotiated between the Prime Minister of India, Jawaharlal Nehru and the Naga People’s Convention, the points of which were deliberated then finalized as mutually agreed principle by both Parties on which the political relation of India and the Nagas will endeavor. Below is what the 16 Point Agreement is all about: 16 Point Agreement of 1960: The Salient features of the 16-point Agreement are as follows: –

  • The Name: the territories known as the Naga Hills-Tuensang Area under the Naga Hills-Tuensang Area Act, 1957, shall form a State within the Indian Union as Nagaland.
  • The Ministry in charge: Nagaland shall be under the Ministry of External Affairs of the Government of India.
  • Governor of Nagaland: Governor shall be appointed by the President of India.
  • Council of Ministers: with a Chief Minister shall advise the Governor in carrying out his/her duties.
  • The Legislature:
  • Representation in Parliament: a member each for Lok Sabha and Rajya Sabha.
  • Parliament Act: No law enacted by the Parliament affecting the below provisions shall have legal force in Nagaland unless specifically applied to it by a majority vote of the Nagaland Assembly. A) Religious Practices of the Nagas. B) Customary Laws and Procedures. C) Civil and Criminal Justice. D) Ownership and Transfer of land and its Resources.
  • Local self-Government: • Village Council. • Range Council and • Tribal Council.
  • Justice Administration: (as what is presently followed)
  • Tuensang District Administration: • The Governor of Nagaland shall carry on the Tuensang district administration for ten years until the tribes in the Tuensang district are able to shoulder more responsibility for the advance system of administration in other parts of Nagaland. • A Regional Council shall be constituted for Tuensang district by representatives from all the tribes of Tuensang District, and the Governor may appoint representatives to the Council. • On the progress of the Regional Council, actions will be taken to start several Councils and Courts, in areas where the civilians feel themselves capable of developing such institutions. • No law enacted by the Legislative Assembly shall be relevant to Tuensang District unless specifically advised by the Regional Council. • The Council of such areas populated by a mixed population shall be directly below the Regional Council and after ten years the circumstances will be evaluated and the period will be prolonged if intended.
  • Fiscal Assistance from GOI:
  • Forest Area Consolidation: Inclusion of the Reserve Forests and contiguous areas occupied by the Nagas. But were referred to the provisions in articles 3 and 4 of the constitution.
  • Consolidation of Adjoining Naga Areas: GOI pointed out that articles 3 and 4 of the constitution provides for expanding the area of any state but that it was not feasible for the GOI to make any commitment in this respect at this stage.
  • Development of a Separate Naga Regiment:
  • Transitional Period:
  • The draft bill to be presented to the parliament shall be shown to the delegates of the NPC.
  • An interim Body with representatives elected from every tribe to assist the Governor in administration shall be constituted.
  • Inner Line Regulation: Rules enshrined in the Bengal Eastern Frontier Regulation Act 1873 shall remain in force in Nagaland. The 16 Point Agreement, thereupon, was taken up in the Parliament and enacted it as “Article 371(A)”. The text is as follows:
  • “Notwithstanding anything in this constitution, a) no Act of parliament in respect of (i) religious or social practices of the Nagas, (ii) Naga customary law and procedures, (iii) administration of civil and criminal justice involving decisions according to Naga customary law, (iv) ownership and transfer of land and its resources, shall apply to the State of Nagaland unless the Legislative Assembly by a resolution so decides; b) the Governor of Nagaland shall have special responsibility with respect to law and order in the State of Nagaland for so long as in his opinion on internal disturbances occurring in the Naga Hills-Tuensang Area immediately before the formation of that State continue therein or in any part thereof and in the discharge of his functions in relation thereto the Governor shall, after consulting the Council of Ministers, exercise his individual judgement as to the action to be taken: Provided that if any question arises whether any matter is or is not a matter as respects which the Governor is under this sub-clause required to act in the exercise of his individual judgment… and his decision is final; c) in making his recommendation with respect to any demand for a grant, the Governor of Nagaland shall ensure that any money provided by the Government of India out of the Consolidated Fund of India for any specific service or purpose is included and not any other demand; d) as from such date as the Governor of Nagaland may by public notification in this behalf specify, there shall be established a Regional Council for the Tuensang district consisting of thirty-five members and Governor shall in his discretion make rules for: – i) the composition of the Regional Council and the manner in which the members of the Regional Council shall be chosen: provided that the Deputy Commissioner of Tuensang district shall be the ex-officio chairman and the Vice Chairman shall be elected by the members thereof from amongst the Council Members. ii) the qualifications for being chosen as members of the Regional Council; iii) the term of office, salaries and allowances, if any, to be paid to the members of the council; iv) the procedure and conduct of business of the Regional Council; v) the appointment of officers and staff of the Regional Council and their conditions of services; and vi) any other matter in respect of which it is necessary to make rules for the constitution and proper functioning of the Regional Council.
  • Notwithstanding anything in this constitution, for a period of ten years from the date of the formation of the State of Nagaland or for such further period as the Governor may, on the recommendation of the Regional Council, by public notification specify in this behalf; a) the administration of the Tuensang district shall be carried on by the Governor; b) where any money is provided by the Government of India to the Government of Nagaland to meet the requirements of the State as a whole, the Governor shall, in his discretion, arrange for an equitable allocation of that money between the Tuensang district and the rest of the State; c) no Act of the Legislature of Nagaland shall apply in the Tuensang district unless the Governor, on the recommendation of the regional council, by public notification…. . to have retrospective effect. d) the Governor may make regulations for peace, progress and good government of the Tuensang district…… . e) i) one of the members representing the Tuensang district in the Nagaland Assembly shall be appointed Minister for Tuensang affairs. (ii) the Minister for Tuensang Affairs shall deal with, and have direct access to the Governor on all matters relating to the Tuensang district but he shall keep the Chief Minister informed about the same. As vividly stated by CT Jamir, Senior Advocate, Guwahati High Court, Kohima Bench at a symposium on 8th July, 2023 that, to understand the Article 371 (A) we must understand the 16 Point Agreement and rightly so and we notice that from the above reproduced texts. The onus for the Nagas now, especially the politicians, is to seriously and intelligently understand the content of the article and implement the provisions of the Act to get the best out of it for the benefit of the people. Going through the Article, we are confronted with questions as to how and why the State of Nagaland came under “Home Ministry” from “External Affairs” in 1972 during the then Prime Minister, Indira Gandhi while Hokishe Sema was the then Chief Minister of Nagaland. Secondly, the provision to create a Regional Council to oversee the affairs of the then Tuensang District and designating one of the Regional Council representatives to the Nagaland Assembly as Minister in charge of Tuensang Affair were not put in place till date. To this, the answer might be, instead of a Regional Council with only one representative as Minister in charge of Tuensang Affair in the State Assembly it would be better to have full-fledged Assembly constituencies in Tuensang district to look after the affairs of the district. This is reasonably true; the only question is as to how did those elected representatives of Tuensang area numbering 20 MLAs, instead of only 6 nominated members, then and now, since 1972 commit themselves to the welfare of the people of Eastern Nagaland. The aspiration of what the ENPO is demanding today appears to be enumerated in the Article 371(A) itself. ENPO’s outcry is neglect by Nagaland Government, which means a demand for financial autonomy and this can be actualized by instituting the 35 Member Regional Council with financial autonomy as suggested in the 16 Point Agreement and inserted in the Article 371 (A) instead of the 20 MLAs from ENPO area to the Nagaland Assembly. Another tragic question is as to why Nagaland Assembly in 2012 could not reply, to Verappa Moily, the then Union Petroleum Minister’s contention, that Nagaland Assembly had no authority to pass a law on petroleum since it falls under Central list. Moily is not wrong in his domain because he is not aware of how Article 371(A) came to be. The inability of Nagaland Government to reply emphatically was the problem. We must realize that Article 371 (A) is more potent, circumstantially, than even that of J&K. The reason is J&K acceded to India to avoid threat of invasion from Pakistan and China but in our case, India wanted us to be part of India despite our vehement bloody protest. The demands listed in the 16 Point Agreement, above all, ownership over our land and resources, as was practiced from time immemorial, shall lay with the people and it is so, implies that the Nagas through its State Government can make own laws to regulate our land and our resources. Nagas are fortunate to be the owners of land inherited from our ancestors. In most nations of the world, the government’s ownership of the land and resources were inherited from the kings or rulers. Refugee crisis in the world arises from this system of ownership of land. Our system is envied by others and Nagas must revere this heritage. Given this inheritance, Nagaland Government must devise ways and means to work out things within the confines of our ownership system instead of viewing it as an impediment. The other urgent point is on “Forest Area Consolidation” mentioned in the Article which was referred to the provisions of articles 3 and 4 of the constitution. This must be expedited, legally or mutually with Assam, instead of merely talking about royalty sharing deal with Assam on the oil that are being extracted by Assam on Naga territory. The paramount importance and need today is to read the Article 371(A) intelligently and in a committed manner in its historicity because it is vital to the dignity and functioning of the State as a political entity. Knowing the Article, in its entirety, is so fundamental to the State, that Nagaland Assembly must organize a symposium on it immediately for all the Legislators and also for the top functionaries of the State to have deeper understanding on the dignity of the people of the State and that Nagaland Assembly is not disgraced again on the rights and duties of the Assembly by someone who may not be knowing under what circumstances Nagaland was created as a State. Jonas Yanthan

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South Africa launches case at top UN court accusing Israel of genocide in Gaza

A Palestinian town with a typical population around 75,000 has been overwhelmed by hundreds of thousands of people seeking refuge as Israel expands its ground offensive across Gaza. (Dec. 28) (AP Video/Abd Al Kareem Hana)

FILE - View of the Peace Palace which houses World Court in The Hague, Netherlands, on Sept. 19, 2023. South Africa has launched a case at the United Nations’ top court accusing Israel of genocide against Palestinians in Gaza and asking the court to order Israel to halt its attacks. South Africa’s submission filed Friday, Dec. 29, 2023, at the International Court of Justice alleges that “acts and omissions by Israel ... are genocidal in character”.. (AP Photo/Peter Dejong)

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THE HAGUE, Netherlands (AP) — South Africa launched a case Friday at the United Nations’ top court accusing Israel of genocide against Palestinians in Gaza and asking the court to order Israel to halt its attacks — the first such challenge made at the court over the current war. Israel swiftly rejected the filing “with disgust.”

South Africa’s submission to the International Court of Justice alleges that “acts and omissions by Israel ... are genocidal in character” as they are committed with the intent “to destroy Palestinians in Gaza” as a part of the broader Palestinian national, racial and ethnic group.

South Africa has been a fierce critic of Israel’s military campaign in Gaza. Many there, including President Cyril Ramaphosa , have compared Israel’s policies regarding Palestinians in Gaza and the West Bank with South Africa’s past apartheid regime of racial segregation. Israel rejects such allegations.

South Africa asked The Hague-based court to issue an interim order for Israel to immediately suspend its military operations in Gaza. A hearing into that request is likely in the coming days or weeks. The case, if it goes ahead, will take years, but an interim order could be issued within weeks.

The Israeli government rejected “with disgust” the genocide accusations, calling it a “blood libel.” A Foreign Ministry statement said South Africa’s case lacks a legal foundation and constitutes a “despicable and contemptuous exploitation” of the court.

Palestinians look at the destruction after an Israeli strike in Rafah, southern Gaza Strip, Friday, Dec. 29, 2023. (AP Photo/Fatima Shbair)

Israel also accused South Africa of cooperating with Hamas, the Palestinian militant group behind the deadly Oct. 7 attack in southern Israel that triggered the ongoing war.

The statement also said Israel operates according to international law and focuses its military actions solely against Hamas, adding that the residents of Gaza are not an enemy. It asserted that it takes steps to minimize harm to civilians and to allow humanitarian aid to enter the territory.

South Africa can bring the case under the Genocide Convention because both it and Israel are signatories to it.

FILE - View of the Peace Palace which houses World Court in The Hague, Netherlands, on Sept. 19, 2023. South Africa has launched a case at the United Nations’ top court accusing Israel of genocide against Palestinians in Gaza and asking the court to order Israel to halt its attacks. South Africa’s submission filed Friday, Dec. 29, 2023, at the International Court of Justice alleges that “acts and omissions by Israel ... are genocidal in character”.. (AP Photo/Peter Dejong)

South Africa has launched a case at the United Nations’ top court — the International Court of Justice, which is housed in the Peace Palace in The Hague — accusing Israel of genocide against Palestinians in Gaza. (AP Photo/Peter Dejong)

Whether the case will succeed in halting the war remains to be seen. While the court’s orders are legally binding, they are not always followed. In March 2022, the court ordered Russia to halt hostilities in Ukraine, a binding legal ruling that Moscow flouted as it pressed ahead with its attacks.

South Africa’s foreign ministry said in a statement that the country is “gravely concerned with the plight of civilians caught in the present Israeli attacks on the Gaza Strip due to the indiscriminate use of force and forcible removal of inhabitants.”

The ministry added that there are “ongoing reports of international crimes, such as crimes against humanity and war crimes, being committed as well as reports that acts meeting the threshold of genocide or related crimes as defined in the 1948 Convention on the Prevention and Punishment of Genocide, have been and may still be committed in the context of the ongoing massacres in Gaza.”

South Africa’s president earlier accused Israel of war crimes and acts “tantamount to genocide.” And South Africa last month pushed for the International Criminal Court , which also is based in The Hague, to investigate Israel’s actions in Gaza.

The ICC prosecutes individuals for war crimes, crimes against humanity and genocide, while the International Court of Justice settles disputes between nations.

In the Israeli-occupied West Bank, the Palestinian Foreign Ministry welcomed South Africa’s accusations against Israel. In a statement on social media, it urged the court to “immediately take action to protect Palestinian people and call on Israel, the occupying power, to halt its onslaught against the Palestinian people.”

Balkees Jarrah, associate international justice director at Human Rights Watch, said South Africa’s case “provides an important opportunity for the International Court of Justice to scrutinize Israel’s actions in Gaza using the Genocide Convention of 1948.” She said South Africa is looking to the United Nations’ highest judicial body “to provide clear, definitive answers on the question of whether Israel is committing genocide against the Palestinian people.”

Jarrah stressed that the ICJ case “is not a criminal case against individual alleged perpetrators, and it does not involve the International Criminal Court (ICC), a separate body. But the ICJ case should also propel greater international support for impartial justice at the ICC and other credible venues.”

Find more of AP’s coverage at https://apnews.com/hub/israel-hamas-war .

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case study on article 371a

ARTICLE 371 A

case study on article 371a

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Context: Nagaland's government has decided to repeal the Nagaland Municipal Act of 2001. As a result, the State Election Commission's notification to hold elections to Nagaland's 39 urban local bodies (ULBs) with 33% of the seats designated for women was cancelled. The court, however, blocked the notification cancelling the local body elections.

  • The Nagaland Government preferred to be in contempt of the Supreme Court by repealing the Nagaland Municipal Act of 2001 than face the anger of community-based organisations.
  • The majority of traditional tribal and urban organisations are opposed to the 33% quota of seats for women, claiming that it would violate Nagaland's special provisions under Article 371A of the Constitution.

case study on article 371a

Why is there opposition to ULB polls?

  • Nagaland is the only state where ULB seats are not reserved for women , as required by clause IV of the 74th Amendment to the Indian Constitution.
  • The Article specifies that no Act of Parliament shall apply to Naga religious or social practises, Naga customary law and process, civil and criminal justice administration including Naga customary law rulings, or ownership and transfer of land and its resources.
  • The hohos (apex tribal bodies) stress that women have long been excluded from decision-making bodies.
  • Nagaland had its first and only civic body election in 2004, with no seats reserved for women.
  • In 2006, the state government revised the 2001 Municipal Act to add a 33% reserve for women, under the 74th Amendment. This provoked tremendous criticism, prompting the government to postpone the ULB elections in 2009 indefinitely.
  • Attempts to hold elections in 2012 faced enormous opposition, and the State Assembly issued a resolution exempting Nagaland from Article 243T of the Constitution, which deals with women's reservation.
  • In 2016, elections to civic bodies with a 33% reservation were announced. The notification caused significant chaos in which 2 people were killed.

Recent Steps

  • Under pressure from the Supreme Court, the government agreed to hold ULB elections in March 2022 after consulting with diverse parties such as churches, NGOs, and tribal organisations.
  • The tribal groups and civil society organisations have threatened to boycott the votes until the "borrowed" Municipal Act of 2001, which includes women's reservations, is "reviewed and rewritten in complete alignment with the voice of the Naga people" and does not violate Article 371A.
  • The government surrendered to public pressure and abolished the Municipal Act with immediate effect, stating that the people "cannot be compelled" to vote in elections.

case study on article 371a

Article 371 A

  • Article 371 A of the Indian Constitution is a special provision that grants a high degree of autonomy and self-governance to the state of Nagaland.
  • It was inserted into the Constitution by the 13th Amendment Act , 1962, following a 16-point agreement between the Centre and the Naga People’s Convention in 1960 , which led to the creation of Nagaland as a separate state in 1963.

Main Provisions of Article 371 A

  • No Act of Parliament in respect of religious or social practices of the Nagas, Naga customary law and procedure, administration of civil and criminal justice involving decisions according to Naga customary law, and ownership and transfer of land and its resources, shall apply to Nagaland unless the state Assembly decides by a resolution to do so.
  • The Governor shall ensure that any money provided by the Government of India for any specific service or purpose is included in the demand for a grant relating to that service or purpose and not in any other demand.
  • The regional council shall have powers concerning making laws on certain matters such as land, forests, fisheries, village administration, inheritance of property, marriage and divorce, social customs etc., within the Tuensang district.
  • To protect and preserve the unique identity, culture, traditions and customs of the Naga people, who have a long history of resistance and struggle against colonial and central domination.
  • To foster peace and stability in the region, this has witnessed decades of insurgency and violence.
  • Recognizes the diversity and plurality within Nagaland , by giving special status to the Tuensang district, which has a different ethnic composition from the rest of the state.

Significance

  • It gives Nagaland a greater degree of autonomy and self-governance than any other state in India.
  • It safeguards the rights and interests of the Naga people over their land and resources, which are crucial for their economic development and cultural survival.
  • It enables people to maintain their distinct identity and way of life while being part of the Indian Union.
  • It restricts the scope and applicability of some progressive and beneficial laws enacted by Parliament, such as those related to women’s rights, child rights, environmental protection etc., unless they are adopted by the state Assembly.
  • It creates difficulties in implementing some central schemes and policies that require uniformity and coordination across states.
  • It raises questions about the compatibility and harmonization of Naga customary law with modern constitutional principles and human rights norms.

case study on article 371a

  • Article 371 A is a unique and special provision that reflects the historical, political and cultural realities of Nagaland. It is an example of how federalism and diversity can be accommodated within a constitutional framework . It is also an expression of respect and recognition for the aspirations and sentiments of the Naga people.
  • However, it also requires constant dialogue and consultation between the Centre and the state, as well as among various stakeholders within Nagaland, to ensure its effective implementation and adaptation to changing times.

Way Forward

  • No municipal elections have been held in Nagaland after 2024. The ULBs remain defunct and without elected representatives. The state government has been managing the affairs of the ULBs through administrators appointed by it.
  • The issue of municipal elections and women's reservations remains unresolved and contentious in Nagaland. While some sections of society support the democratic rights of urban citizens and women's empowerment, others oppose any change in their traditional norms and values.
  • The challenge lies in finding a balance between constitutional provisions and customary laws and ensuring the peaceful and inclusive development of urban areas in Nagaland.

Must Read Articles:

Nagaland Issue: https://www.iasgyan.in/daily-current-affairs/nagaland-issue

Nagaland statehood day: https://www.iasgyan.in/daily-current-affairs/nagaland-statehood-day

case study on article 371a

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case study on article 371a

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Article 371 of the Constitution

Topic covered: Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure. Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure, devolution of powers and finances up to local levels and challenges therein.

What to study?

For prelims: Article 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 modify Article 371 .

However, the government has clarified that it had no intention of removing Article 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 ’.

Article 371 of the Constitution includes “special provisions” for 11 states, including six states of the Northeast.

Articles 370 and 371 were part of the Constitution at the time of its commencement on January 26, 1950 ; Articles 371A through 371J were incorporated subsequently.

  • Article 371, Maharashtra and Gujarat: 

Governor has “special responsibility ” to establish “ separate development 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 arrangement providing adequate facilities for technical education and vocational training, and adequate opportunities for employment” under the state government.

  • Article 371A (13th Amendment Act, 1962), Nagaland:

Inserted after a 16-point agreement between the Centre and the Naga People’s Convention in 1960, which led to the creation of Nagaland in 1963.

Parliament cannot legislate in matters of Naga religion or social practices, Naga customary law and procedure, administration of civil and criminal justice involving decisions according to Naga customary law, and ownership and transfer of land 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 Assembly consisting of members elected from the state’s tribal areas.

  • Article 371C (27th Amendment Act, 1971), Manipur:

The President may provide for the constitution of a committee 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 Amendment Act, 1973; substituted by 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 State 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 university in Andhra Pradesh by a law of Parliament . But this is not a “special provision ” in the sense of the others in this part.

  • Article 371F (36th Amendment 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 only by candidates from those sections.

  • Article 371G (53rd Amendment Act, 1986), Mizoram:

Parliament cannot make laws on “religious or social practices of the Mizos, Mizo customary law 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 Amendment Act, 1986), Arunachal Pradesh: 

The Governor has a special responsibility with regard to law and order , and “he shall, after consulting the Council of Ministers, exercise his individual judgment as to the action to be taken”.

  • Article 371J (98th Amendment Act, 2012), Karnataka:

There is a provision for a separate development board for the Hyderabad-Karnataka region. There 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 state government 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 deemed important for these states .

In these range of Articles from 371 to 371J, Article 371I , which deals with Goa, stands out in the sense that it does not include any provision that can be deemed “special”. Article 371E , which deals with Andhra Pradesh and Telangana, too, is not that “special”.

Sources: Indian Express.

case study on article 371a

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Article 371A. Special provision with respect to the State of Nagaland

Article 371a of the indian constitution, original text:.

(1) Notwithstanding anything in this Constitution, —

(a) no Act of Parliament in respect of—

(i) religious or social practices of the Nagas,

(ii) Naga customary law and procedure,

(iii) administration of civil and criminal justice involving decisions according to Naga customary law,

(iv) ownership and transfer of land and its resources, shall apply to the State of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides;

(b) the Governor of Nagaland shall have special responsibility with respect to law and order in the State of Nagaland for so long as in his opinion internal disturbances occurring in the Naga Hills-Tuensang Area immediately before the formation of that State continue therein or in any part thereof and in the discharge of his functions in relation thereto the Governor shall, after consulting the Council of Ministers, exercise his individual judgment as to the action to be taken:

Provided that if any question arises whether any matter is or is not a matter as respects which the Governor is under this sub-clause required to act in the exercise of his individual judgment, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in the exercise of his individual judgment:

Provided further that if the President on receipt of a report from the Governor or otherwise is satisfied that it is no longer necessary for the Governor to have special responsibility with respect to law and order in the State of Nagaland, he may by order direct that the Governor shall cease to have such responsibility with effect from such date as may be specified in the order;

(c) in making his recommendation with respect to any demand for a grant, the Governor of Nagaland shall ensure that any money provided by the Government of India out of the Consolidated Fund of India for any specific service or purpose is included in the demand for a grant relating to that service or purpose and not in any other demand;

(d) as from such date as the Governor of Nagaland may by public notification in this behalf specify, there shall be established a regional council for the Tuensang district consisting of thirty-five members and the Governor shall in his discretion make rules providing for—

(i) the composition of the regional council and the manner in which the members of the regional council shall be chosen:

Provided that the Deputy Commissioner of the Tuensang district shall be the Chairman ex officio of the regional council and the Vice-Chairman of the regional council shall be elected by the members thereof from amongst themselves;

(ii) the qualifications for being chosen as, and for being, members of the regional council;

(iii) the term of office of, and the salaries and allowances, if any, to be paid to members of, the regional council;

(iv) the procedure and conduct of business of the regional council;

(v) the appointment of officers and staff of the regional council and their conditions of services; and

(vi) any other matter in respect of which it is necessary to make rules for the constitution and proper functioning of the regional council.

(2) Notwithstanding anything in this Constitution, for a period of ten years from the date of the formation of the State of Nagaland or for such further period as the Governor may, on the recommendation of the regional council, by public notification specify in this behalf, —

(a) the administration of the Tuensa114ng district shall be carried on by the Governor;

(b) where any money is provided by the Government of India to the Government of Nagaland to meet the requirements of the State of Nagaland as a whole, the Governor shall in his discretion arrange for an equitable allocation of that money between the Tuensang district and the rest of the State;

(c) no Act of the Legislature of Nagaland shall apply to Tuensang district unless the Governor, on the recommendation of the regional council, by public notification so directs and the Governor in giving such direction with respect to any such Act may direct that the Act shall in its application to the Tuensang district or any part thereof have effect subject to such exceptions or modifications as the Governor may specify on the recommendation of the regional council:

Provided that any direction given under this sub-clause may be given so as to have retrospective effect;

(d) the Governor may make regulations for the peace, progress and good government of the Tuensang district and any regulations so made may repeal or amend with retrospective effect, if necessary, any Act of Parliament or any other law which is for the time being applicable to that district;

(e) (i) one of the members representing the Tuensang district in the Legislative Assembly of Nagaland shall be appointed Minister for Tuensang affairs by the Governor on the advice of the Chief Minister and the Chief Minister in tendering his advice shall act on the recommendation of the majority of the members as aforesaid1;

(ii) the Minister for Tuensang affairs shall deal with, and have direct access to the Governor on, all matters relating to the Tuensang district but he shall keep the Chief Minister informed about the same;

(f) notwithstanding anything in the foregoing provisions of this clause, the final decision on all matters relating to the Tuensang district shall be made by the Governor in his discretion;

(g) in articles 54 and 55 and clause (4) of article 80, references to the elected members of the Legislative Assembly of a State or to each such member shall include references to the members or member of the Legislative Assembly of Nagaland elected by the regional council established under this article;

(h) in article 170—

(i) clause (1) shall, in relation to the Legislative Assembly of Nagaland, have effect as if for the word “sixty”, the word “fortysix” had been substituted;

(ii) in the said clause, the reference to direct election from territorial constituencies in the State shall include election by the members of the regional council established under this article;

(iii) in clauses (2) and (3), references to territorial constituencies shall mean references to territorial constituencies in the Kohima and Mokokchung districts.

(3) If any difficulty arises in giving effect to any of the foregoing provisions of this article, the President may by order do anything (including any adaptation or modification of any other article) which appears to him to be necessary for the purpose of removing that difficulty:

Provided that no such order shall be made after the expiration of three years from the date of the formation of the State of Nagaland.

Explanation.—In this article, the Kohima, Mokokchung and Tuensang districts shall have the same meanings as in the State of Nagaland Act, 1962.

Commentary:

In accordance with the Article 371A no act passed by the Parliament will be applicable to Nagaland without the approval of the Nagaland Legislative assembly regarding religious or Social practices of Nagas, Naga Customary law and procedure, administration of civil or criminal justice involving procedure to naga customary law, and ownership and transfer of land and its resources. It gives special responsibility to the governor regarding law and order in the state.

List of Amendment:

For further reference:.

  • Read the constitution of India.
  • Read Union and its territories

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case study on article 371a

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ARTICLE 371 OF INDIAN CONSTITUTION AND ITS IMPACT ON NORTH-EASTERN PART OF INDIA WITH SPECIAL REFERENCE TO INSURGENCIES AND NAGA ACCORD

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Whereas Article 370, that restricted purchase and inheritance of property to permanent residents [1] , was scrapped for J&K, similar provisions are also provided in Article 371 for many states in Constitution. Article 371A bars anyone who isn’t a resident from acquiring land in Nagaland, which can solely be bought by specific social group who are residents of the Nagaland. Article 371F bequeaths on Sikkim government the possession of all land within the jurisdiction, even though if it had been owned by non- public individuals before the state’s merger [2] with ours. A similar Constitutional provision commands a four-year tenure for the state assembly of Sikkim, even though assembly elections within the state have profaned that clause as they need been command once five years. Moreover, Article 371F states that “neither the Supreme Court nor alternative [other court] shall have jurisdiction in respect of any dispute or other matter arising out of any, agreement, engagement, treaty or different similar instrument about Sikkim”. However, a particular condition permits the President [3] to step in if the requirement arises associated with constitutional law. Each Article 371A and Article 371G limit the Parliament’s authority to enact any law that interferes with specific social religious laws particularly tribal laws, customs, as well as their justice system. These provisions are alike to provisions in article 370 ,however one article is abrogated citing slogans like One Country ,One Law [4] and Sovereignty of nation but continuation of comparable article forced us to ponder why government and authorities are taking approaches which are very different to each other and what are their argument to back their stance and of course this research work will also try ponder politics behind it. The safety scenario in some of the north-eastern states has remained concerned for a long time attributable to variety of militant outfits and their various demands. Manipur, Nagaland and Assam have unceasingly been some extent of worry. Tripura and Mizoram have shown exceptional success in fixing insurgency and currently they are mostly peaceful for quite very long time. Government has signed ceasefire and cease of counter Operations with most of the insurgent armies within the region. Government has steady pursued the policy of talk and negotiations with any outfit that agrees to leave the trail of violence and are available forward for peace-talks within the limit of constitutional framework of India. In general, the safety scenario in most of the north-eastern states has shown good improvement throughout the last five years. Naga Peace Accord is result of such negotiations and talks that goes well into geo-political condition of North-East and hopefully can bring development n peace to the region.

Keywords: Treaty, Enact, Provision, Sovereignty, Transitional, Convention, Customary, Amendments, Obligatory, Abrogate, ILP, CAA, Entrust, Accord, Insurgency, AFSPA- “Armed.

            To know what Article 371, of Indian Constitution is; which areas of our country falls under it, what are special powers it provides to them and how it is different of article 370 and finally why it is still continuing while article 370 [5] is repealed despite being similar to each other. This research work also tends to explore reasons for insurgencies and conflict in North-East and how decades long effort of Indian government yielding peace as evident from Naga Peace Accord and ongoing peace talks between other rebel groups and Indian government.

            There should not be a two different approach towards Articles of similar nature. Article 371 also provide special provisions to areas under it as Article 370 specially 371A and 371G. However geo-political condition of North-East is quite different from other parts of country as its geographical terrain and longstanding conflicts and ongoing insurgencies has done adverse effect on development of region.

WHAT IS ARTICLE 371 OF INDIAN CONSTITUTION

            Article 371 of the Constitution includes “special provisions” for eleven states, as well as six other states of the Northeast. Articles 370 and 371 were part of the Constitution of India at the time of its commencement on January 26, 1950; Articles 371A through 371J were incorporated afterwards.

“Articles 369 to 392 appear in Part XXI of the Constitution, titled ‘Temporary, Transitional and Special Provisions’.”

  • ARTICLE 371, MAHARASHTRA AND GUJARAT –

Governor has “special responsibility” to determine “separate development boards” for “Marathwada, Vidarbha, and the remaining of Maharashtra”, and Saurashtra and Kutch in state of Gujarat; guarantee “equitable arrangement of funds for developmental expenditure over the aforementioned areas”, and “equitable arrangement providing adequate facilities for technical education and vocational education, and adequate opportunities for employment” under the state regime.

  • ARTICLE 371A (13TH AMENDMENT ACT, 1962), NAGALAND –

Inserted after a “16-point agreement between the Centre and the Naga People’s Convention in 1960, which led to the creation of Nagaland [6] in 1963”.

Article 371(A) states that “No act of Parliament shall apply to the State of Nagaland in respect of the religious or social practices of the Nagas, its customary law and procedure, administration of civil and criminal justice involving decisions in line with Naga customary law and possession and transfer of land and its resources.”

It shall apply to Nagaland solely when the State Assembly passes a resolution to do so, it says.

  • ARTICLE 371B (22ND AMENDMENT ACT, 1969), ASSAM –

Article 371B deals with special provision with relevancy the State of Assam. The President could offer for the constitution and functions of a committee of the Assembly consisting of members elected from the state’s specific social group areas.

  • ARTICLE 371C (27TH AMENDMENT ACT, 1971), MANIPUR –

Article 371C deals with special provisions with relevancy Manipur that became a State in 1972. The President could offer for the constitution of a committee of elected members from the Hill areas within the Assembly, and entrust “special responsibility” to the Governor to confirm its correct functioning.

  • “ARTICLE 371D (32ND AMENDMENT ACT, 1973; SUBSTITUTED BY THE ANDHRA PRADESH REORGANISATION ACT, 2014), ANDHRA PRADESH AND TELANGANA” –

President should guarantee “equitable opportunities and facilities” in “public employment and education to folks from completely different areas of the state”. He could require the state regime to organize “any category or categories of posts into civil service of, or any class or classes of civil posts under, the State into different native cadres for different areas of the State”. He has similar powers for admissions in academic establishments.

  • ARTICLE 371E –

Allows for the establishment of a university in Andhra Pradesh by a law of Parliament. However, this is not a “special provision” within the sense of the others in this part.

  • “ARTICLE 371F (36TH AMENDMENT ACT, 1975), SIKKIM” –

It states that the Legislative Assembly shall include at least thirty members. So as to safeguard the rights and interests of the various sections of the population within the state of Sikkim, seats in the assembly are provided to folks of those different sections. [7]

  • “ARTICLE 371G (53RD AMENDMENT ACT, 1986), MIZORAM” –

The Legislative Assembly of the state of Mizoram should consist of not less than 40 members. Additionally, following a similar provision as Nagaland, an act of Parliament wouldn’t apply to Mizoram in matters about religious or social practices of Mizo, Mizo customary law and procedure, administration of civil or criminal justice involving decisions in line with Mizo customary law, possession and transfer of land and its resources.

  • “ARTICLE 371H (55TH AMENDMENT ACT, 1986), ARUNACHAL PRADESH” –

The Governor encompasses a special responsibility with respect to law and order, and “he shall, after consulting the Council of Ministers, exercise his individual judgment on the action to be taken”.

The Legislative Assembly of the state of Mizoram must include of not less than 30 members.

  • ARTICLE 371I –

It deals with Goa; however, it doesn’t include any provision which can be deemed ‘special’.

The Legislative Assembly of the state of Goa should include of not less than 30 members.

  • “ARTICLE 371J (98TH AMENDMENT ACT, 2012), KARNATAKA” –

Article 371J grants special standing to 6 backward districts of Hyderabad-Karnataka region.

The special provision requires that a separate development board be established for these regions similar to state of Maharashtra and Gujarat.

There shall be “equitable allocation of funds for developmental expenditure over the aforementioned region”, and “equitable opportunities and facilities” for citizens of these region in government jobs and education.

A proportion of seats in educational establishments and state government jobs within Hyderabad-Karnataka should be reserved for individuals from that region.

SIGNIFICANCE

All these provisions take into consideration the special circumstances of individual states, and lay down a large range of specific measures that are deemed important for these states.

In these range of Articles from 371 to 371J, Article 371I, that deals with Goa, stands out at the sense that it doesn’t consist of any provision that can be deemed “special”.

Article 371E, which deals with Andhra Pradesh and Telangana, too, isn’t that “special”.

INNER LINE PERMIT

Inner Line Permit (ILP) is an official travel document issued by the involved regime to permit inward travel of Indian people into a protected area for a limited period. It’s obligatory for Indian persons from outside these states to get a permit for entering into the protected state.

The document is an attempt by the regime to control movement to specific areas set close to the international border of India. Despite the actual fact that the ILP was originally created by the Brits [8] to safeguard their business interests, it continues to be employed in India, formally to safeguard indigenous communities’ cultures in North-Eastern India.

There are completely different types of ILP’s, one for tourists and others for those who wish to stay for long run periods, often for employment functions.

ILP’s valid for tourism functions are granted as a matter of routine

MIZORAM – Issued by the Government of Mizoram. It is needed for getting into Mizoram through any of the check gates across the inter-state borders. Typically, a “Temporary ILP” is issued to guests, that is valid for seven days and may be extended another fifteen days, with the chance of extending it to one month in exceptional conditions. However, with the support of a native resident or government department, a “Regular ILP” may be obtained, that is valid for six months and may be renewed twice for additional 6 months each. If arriving by air, an ILP can be obtained on arrival at Lengpui Airfield in Aizaw.

NAGALAND – Here ILP are issued by the Government of Nagaland.

MANIPUR – The bill to implement ILP within Manipur was introduced in 2018, by the Government of Manipur. The bill didn’t get passed since it couldn’t get the President’s nod. However, the inclusion of Manipur in Inner Line Permit is also announced on December 10, 2019 after anti CAA agitation [9] in North-Eastern India.

An ILP was also earlier required for certain areas of the Leh district in Ladakh. This condition was abolished by a circular issued by district magistrate that took effect from May1; 2014 though foreign nationals are needed to get Protected Area Permit for this part. However, the ILP was enforced again in Leh in 2017. There are progressed demands for the introduction of ILP in Assam, Meghalaya, and Andaman and Nicobar Islands to control entry of outsiders into the state.

ARUNACHAL PRADESH – here issued by the secretary (political) of Arunachal Pradesh. ILP is required for getting into Arunachal Pradesh through any of the check gates across the interstate border with Nagaland or Assam. An ILP for temporary tourists is valid for seven days and can be extended, whereas one for those taking employment within the state and their immediate members of the family is valid for a year. The Arunachal Pradesh government is going to implement a permit-on-arrival system.

INSURGENCIES IN NORTH-EAST

Tripura, Nagaland, Manipur, and Assam had been witnessing conflict since 1950-60 period, however since 1990, the intensity of conflicts began to decrease. Currently the sole state wherever large insurgency exist is Manipur. However, in this region many armed factions operate. Some fight for a separate state, others for regional autonomy whereas some extremist demand complete independence.

North-Eastern part of India is the region located within the most eastern part of India consist of the eight states of Manipur, Arunachal Pradesh, Assam, Meghalaya, Mizoram, Nagaland, Tripura and Sikkim.

North East is connected with Indian mainland by the 21 km. wide Siliguri Corridor, that is usually referred as the chicken neck, formed by the Radcliffe line [10] . The passageway is flanked by countries Nepal, Bhutan, and Bangladesh.

The North-eastern borders on four countries, namely, Bhutan and China on its North; Myanmar on its East; and Bangladesh on its South and West. It a region of 2.6 lakh sq. km. (7.6% of India’s land area) whereas its population is thirty-nine million plus (3.6% of India’s population). It has 475 ethnic social groups and 400 dialects or languages are spoken here.

REASONS FOR CONFLICT IN NORTH -EASTERN INDIA

North-Eastern India represents a state of stable lawlessness where the rule of law and different establishments of governance are subverted directly or through covert ways to fulfil personal or partisan ends of the extremists.

REGIONAL ISSUES

The inter-tribal conflicts, the unemployment and the inability to contend with non-tribal businesses, outlaw migration from close States and countries resulting in the competition of resources and land have led to various conflicts and demands of autonomy or secession.

NATIONAL ISSUES

            The broad racial variations between India and its North-Eastern area and the loose geographical connect the chicken neck Siliguri Corridor resulted into a feeling of alienation, a sense of ‘otherness’ which afterward gave rise to a political culture of violent separatism.

ETHNIC TENSIONS

            Northeast is home to over fifty ethnic rebel armies – a number of demanding complete independence from India, others fighting for ethnic identities associated with homelands and few running the rising as a business to garner easy money without any ideology or politics.

Extremist in their starting years voiced real grievances of the citizens such as “poor governance, alienation, lack of development and an apathetic attitude from the central government” . But with time and opportunist motives, these have taken forms of insurgencies across the whole area.

INSURGENT GROUPS IN NORTH EAST INDIA

MANIPUR – Peoples Liberation Army, PREPAK

ASSAM – ULFA, NDFB, KLNLF, UPDS

TRIPURA – National Liberation Front of Tripura, All Tripura Tiger Force

MEGHALAYA – ANVC, HNLC

NAGALAND – NSCN-IM, NSCN-K

BORDER PROBLEMS

The international borders in the North-Eastern part of India are extremely porous. Thus, cross border infiltration of militants, and smuggling of arms are unchecked within the area.

China has different claim for border in Arunachal Pradesh. On   the westernmost corner, Chinese claim line are 20 kms south and in the East most part of Arunachal Pradesh it is 30 km South.

International borders in the North East haven’t crystallized [11] into lines separating sovereign nations on the ground.

POLITICAL ISSUES

It’s necessary to know the culture and psyche of the citizens of North East while making alternative policies.

The perceived threat to the political identity of the Assamese citizens from the illegal migrants from Islamic Republic of Bangladesh [12] lies at the centre of the Assam problem. The native people of Assam sense that in near future the illegal migrants can become the bulk population and they will lose political power in the state.

The ceasefire agreements and peace negotiations have benefited in reducing the violence levels and given the civil societies of the region an area to speak.

One of the ways to restrict insurgency within the region is to delegate powers to the ethnic minorities through the Autonomous District Councils [13] in order they can foresee their own development work.

The implementation of 6 th Schedule in Assam has not benefited the social communities of the state. Following the 73rd and 74th amendments, the Central and state governments are providing immense amounts of monetary resources to the Panchayati Raj Institutions and municipalities. Since, the scheduled areas do not fall under the view of the PRI and municipalities, they do not receive any amount from these funds and as a result they lag behind.

RECENT DEVELOPMENT ABOUT NORTH EAST INDIA

INSURGENCY & CEASEFIRE

The core of insurgency that is popular support is drying up in the region. Insurgency is active solely in Manipur. There are around fifty insurgent groups there.

Ceasefire and Suspension of Operations with militants permit them to relishes in extortion and kidnapping, that facilitate them in maintaining their clout over the people of the area.

There exist deep ties between all the insurgent groups in the Northeast. The CPI Maoist is also in touch with the North east insurgents primarily to get weapons. Arms were sold by the United Liberation Force of Assam (ULFA) [14] to the CPI Maoist in Paschim Bengal.

The biggest challenge to the North East is extortion dispensed by numerous insurgent groups. Extortion has become organized activity in the region and is one of the key sources of funds for the militants of the area.

            The lifting of the AFSPA [15] from all parts of Meghalaya on 31st March 2018 is an illustration of the huge improving security condition in the region. In Arunachal Pradesh also, areas under AFSPA have been reduced from sixteen outpost areas bordering Assam to eight out posts, along Changlang and Longding and Tirap districts.

PEACE TALKS

Talks with the MNF [16] was the sole example of the fruitful or successful peace process that ended militancy in Mizoram in 1986 till Naga Accord.

Other peace accords such as the Shillong Accord in 1975 with the N.N.C. in Nagaland, the 1988 agreement with the Tripura National Volunteers in Tripura and The Bodoland Autonomous Council agreement of 1993 with the Bodo militants [17] in Assam are also in effect, however with limited success.

Union government has in progress ceasefire agreements with six militant groups with different actors like NSCN (IM), UPDS, Achik National Volunteer Council etc.

NAGA PEACE ACCORD

“The 3 August peace deal between National Socialist Council of Nagalim (Isak-Muivah) and Government of India could be a harbinger of peace in the strife-torn North-East. The agreement was signed between Thuingaleng Muivah, the present General Secretary of NSCN (IM) and the Prime Minister Narendra Modi. The ‘framework agreement’ is a progressive step in the right direction which will initiate dialogue within the broad four walls of the Indian Constitution.”

The above deal comes within the background of deadly attack in Manipur, that claimed lives of eighteen army men. The attack is assumed to have been carried out by the National Socialist Council of Nagaland’s SS Khaplang-led faction (NSCN-K), operational from bases across the border in Myanmar. Government acted fleetly by launching a military operation across the Indo-Myanmar border to punish the terrorists which forced NSCN [18] faction of the Indian side to come on the table.

The Peace deal goes well with the internal security dimension of the North-East India given its geo-political position as being bordered by four countries China, Myanmar, Bangladesh and Bhutan. North-East is connected with the Indian region through the 21 km wide Siliguri Corridor, usually known as the chicken neck. With the decrease in armed insurgency, development work is often carried with greater pace which will help in the integration of North-East with the Indian mainland. North-East encompasses tremendous economic potential which has remained unexplored till. It could emerge as the cradle of tourism and organic farming. With greater normalcy security forces concerned in internal security can be moved to border areas for its optimum use.

BROAD POINTS OF PEACE ACCORD

“The details of accord are not out but it is believed that the aspirations of Nagas will be addressed within the framework of Indian Constitution.

  • Cultural integration of Nagas living in states aside from Nagaland will be expedited through special measures.
  • It would also provide for the monetary and administrative autonomy of the Naga-dominated areas in different states.
  • Government is willing to contemplate delegation of more powers to Nagaland legislature under article 371 A that is already effective”

NAGA INSURGENT DEMAND OVER THE YEARS

The Naga movement has been declarative of a distinct ethnic identity and demanding an independent homeland or country.

The NSCN was shaped within the aftermath of the Shillong Accord of 1975, signed between the government of India and the Naga National Council. The NSCN had started life demanding the creation of “Greater Nagaland” or “Nagalim”. This would be a sovereign Naga territory, wedged between India and Myanmar. It might include the Naga-dominated areas of Manipur, Assam and Arunachal Pradesh, and parts of Myanmar.

The NSCN-IM, which had given up its original demand of sovereignty a few years past, has been asking for integration of Naga inhabited areas in Assam, Manipur and Arunachal Pradesh.

PAST ACCORDS

“In North-Eastern India many insurgent groups are active for many years and have been demanding independent and autonomous states based on ethnicity. In past also many peace accords have been signed however they’d not translated into the desired result thanks to rigid postures of the most parties.

  • In 1964, a Nagaland Peace Mission was formed which signed a ceasefire with A.Z. Phizo, solely to last till 1968.
  • In 1975, the Shillong Accord [19] was signed in that the Naga National Council agreed to give up arms and accept the Indian Constitution.

Muivah and Swu, who were then NNC members, revolted on the Naga sovereignty demand and went on to create the National Socialist Council of Nagaland in 1980 with S. S. Khaplang. In 1988, the NSCN split due to leadership differences, into the NSCN (IM) and the NSCN (K).

The NSCN (I-M) have signed a ceasefire agreement with the government till April 27, 2016”.

NAGA PEACE ACCORD EFFECT ON NORTH-EAST INSURGENCY

The latest agreement has been signed with NSCN (IM) solely and its different faction is not on board like the NSCN (Khaplang), the NSCN (Konyak-Kitovi). The Naga Hoho (tribal council), Naga National Council (NNC), Naga student Federation (NSF) and Naga Mother Association are other different prominent players that acts independent of the NSCN (I-M) has not supported the latter’s leadership of the Naga cause yet.

There are various stakeholders in the Naga peace process and any talk to be successful must accommodate the interests of all these parties. Government through proper consultation should attempt to bring them on board. Before arriving at any solution Indian govt. has to take different North-East states into confidence.

The above peace accord if fructified will inspire different insurgents’ groups to come on the table and to have a talk for real grievances like the ULFA and Democratic Front of Bodoland, etc.

POLITICS BEHIND ABROGATION OF ARTICLE 370 AND FOR PROTECTING SIMILAR ARTICLE 371

“Even after repealing article 370 provisions which gave special rights to Jammu and Kashmir; Government of India at the same time swearing by the same Constitution, guaranteeing the people of Nagaland, seeking an independent and sovereign Nagaland, that Article 371A similar to Article 370, which guarantees similar special status to the people of Nagaland, will not be scrapped in the same manner as 370”.

“Naga Hoho the highest tribal body of Nagas in Nagaland had expressed concern over government’s move to scrap Article 370. Naga Hoho president Chuba Ozukum had said, “We have apprehension that if the Government of India can scrap 370 in Jammu and Kashmir, it can remove 371(A) in Nagaland.” There were similar protests and apprehensions expressed by the leaders of North East hilly states like Manipur and Tripura but of that later.”

However, Governor Ravi [20] went public giving assurances, swearing by the Constitution. He said, “Dear brothers, sisters and children of Nagaland. Some people have expressed apprehensions over the implications of development in Jammu & Kashmir on Nagaland. I would like to categorically assure you all that you don’t have to worry at all. Art 371A is a solemn commitment to the People of Nagaland. It is a sacred commitment. We are trying hard to conclude the on-going political process at a very advanced stage”

As evident from the research work, we can conclude that Article 371 is more or less similar to article 370. “As a part of Chapter XXI of the Constitution of India, Article 371 grants temporary, transition and special provisions to eleven States – Karnataka, Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh, and Goa. The concept was to fulfil the distinctive desires of these States or regions of these States, shield the economic and cultural interests of these regions, combat the local challenges and protect the customary laws in this region”

The intention behind the provisions of Article 371 is to safeguard the interest and aspirations of certain backward regions or to protect cultural and economic interests of the tribal people or to deal with the disturbed law and order in some areas. This article provides special powers to the Governors of Gujarat and Maharashtra to form independent development boards for Vidarbha, Marathwada, Saurashtra, Kutch and for the rest of Gujarat and Maharashtra.

But, “we can also see that it incited or inspired the secessionist forces of these States who were granted the special provisions. As evident from Insurgency in North East India Nagaland, Manipur, Assam and Tripura had been witnessing conflict since 1950-60 period, but since 1990, the intensity of conflicts started to decrease. Now the only state where prominent insurgency exist is Manipur.”

Moreover, under Article 371 non-residents are still not allowed to buy agriculture land in Himachal Pradesh.

Both Article 371A and Article 371G limit the Parliament’s authority to enact any law that interferes with tribal religious laws, customs, including their justice system which in a way is challenge to Sovereignty of country.

Despite the fact the article 371 A and 371G is very similar to article 370 still one is abrogated and other is protected has deep political roots in it which is quite evident from Naga Accord. In which there are speculations the Centre will create two autonomous councils, one each in Arunachal Pradesh and Manipur, as a part of the final Naga accord.

  • “Pandey J.N, Constitutional Law of India ;2019, Fifty sixth edition; Central Law Agency, Allahabad”.
  • “ https://indiankanoon.org/doc/89891/ ”.
  • “ https://www.theweek.in/news/india/2019/08/05/states-that-have-special-provisions-under-article-371-a-j.html ”.
  • “ https://www.indiatoday.in/india/story/centre-article-371-illegal-immigrant-allowed-amit-shah-assam-1596934-2019-09-08 ”.
  • “ https://www.moneycontrol.com/news/india/explained-states-that-enjoy-special-provisions-similar-to-article-370-in-jk-4318651.html ”.
  • “ https://indianexpress.com/article/explained/what-is-inner-line-permit-and-will-it-address-north-east-states-concerns-over-cab-6145508/ ”.
  • “ https://indiankanoon.org/doc/666119/ ”.
  • “ https://economictimes.indiatimes.com/news/politics-and-nation/peace-accord-faces-hurdle-over-separate-naga-identity/articleshow/74467917.cms?from=mdr ”.
  • “ https://thegeopolitics.com/the-origins-and-causes-of-insurgency-in-northeast-india/ ”.
  • “ https://www.insightsonindia.com/2019/09/12/6th-schedule-of-the-constitution/ ”.
  • “ https://www.thesikkimchronicle.com/sikkims-article-371-f-delivering-a-special-constitution-within-the-indian-constitution/ ”.
  • “ https://www.easternmirrornagaland.com/was-the-creation-of-the-state-of-nagaland-a-mistake/ ”.
  • “ https://timesofindia.indiatimes.com/india/Two-crore-Bangladeshi-immigrants-illegally-staying-in-India-Centre-informs-Rajya-Sabha/articleshow/55457903.cms ”.
  • “ https://www.telegraphindia.com/states/north-east/porous-border-fuels-cattle-smuggling/cid/1413549 ”.
  • “ https://www.krctimes.com/news/r-n-ravi-is-the-new-nagaland-governor/ ”.
  • “ https://www.newindianexpress.com/nation/2020/jan/24/naga-accord-nscn-im-seeks-to-buy-peace-with-manipur-organisations-2094029.html ”.
  • “ http://www.youtube.com/watch?v=0jq0wuRC85A#action=share ”.
  • “ https://www.youtube.com/watch?v=rfHHXG3c3WQ ”.
  • “ https://www.youtube.com/watch?v=e1_aeIOwx8g ”.

[1] “Permanent resident is a person who can live indefinitely in a state but don’t have full citizen rights”.

[2] “Initially, Sikkim remained an independent country, until it merged with India in 1975 after a decisive referendum.”

[3] “President can exercise his power to extend any enactment in Sikkim, which is in force in any other state of India”.

[4] “It is a political slogan given by Dr. Syama Prasad Mukherjee founder of Bhartiya Jana Sangh, the predecessor to the Bhartiya Janata Party.

[5] “On 7th August 2019, President Ram Nath Kovind declared abrogation of Article 370 of the Indian constitution after the resolution to revoke the article was passed by both the houses of the parliament (Rajya Sabha & Lok Sabha)”.

[6] “Earlier Naga Hills Tuensang Area (NHTA) created in 1957 was converted into the State of Nagaland in 1962 as the 16 State of the India Union. The territorial jurisdiction of the state comprised of a part of the erstwhile Naga Hills district of Assam and the then Naga tribal area of Tuensang Div of (NEFA).”

[7] “Sikkim has 12 seats for the Bhutia-Lepcha (BL), 1 seat for the Sangha and two seats reserved for the Scheduled Castes (SC) in the 32- member assembly”.

[8] “The Inner Line Permit concept comes from the colonial area. Under the Bengal Eastern Frontier Regulation Act, 1873, the British framed regulations restricting the entry and regulating the stay of outsiders in designated areas”.

[9] “The Act seeks to amend the definition of illegal immigrant for Hindu, Sikh, Parsi, Buddhist and Christian immigrants from Pakistan, Afghanistan and Bangladesh, who have lived in India without documentation. They will be granted fast track Indian citizenship in six years. So far 12 years of residence has been the standard eligibility requirement for naturalization”.

[10] “The Radcliffe Line was the boundary demarcation line between the Indian and Pakistani portions of the Punjab and Bengal provinces (now Bangladesh) of British India. It was named after its architect, Sir Cyril Radcliffe.”

[11] “No markings along the 58km Indo-Bangladesh riverine international border in Dhubri district is creating hurdles in tackling the illegal immigration.”

[12] “Illegal immigration from Bangladesh to India, which includes both refugees and economic migrants, continues unabated. An analysis of population growth and demographic statistics for Bangladesh and India in the last four censuses of 2011, 2001, 1991, and 1981, however, suggests with reasonable certainty that their number exceeds 20 million.”

[13] “Under the provisions of the Sixth Schedule of the Constitution of India, autonomous district councils can make laws, rules and regulations”.

[14] “The United Liberation Front of Assam (ULFA) is a designated revolutionary rebel organization operating in the Indian state of Assam. It seeks to establish an independent state of Assam with armed struggle in the Assam conflict. The Government of India banned the organization in 1990 citing it as a terrorist organization, while the United States Department of State lists it under “other groups of concern.”

[15] “Armed Forces Special Powers Act (AFSPA), 1958 is an act of the Parliament of India that grant special powers to the Indian Armed Forces” the power to maintain public order in “disturbed areas”.

[16] “Mizo National Front uprising was a revolt against the Government of India, aimed at establishing a sovereign state for the Mezzos. On 1 March 1966, the Mizo National Front (MNF) made a declaration of independence, after launching coordinated attacks on the Government offices and security forces post in different parts of the Mizo district in Assam.”

[17] “The National Democratic Front of Bodoland (NDFB) was an armed separatist outfit which seeks to obtain a sovereign Bodoland for the Bodo people It is designated as a terrorist organization by the Government of India”.

[18] “The National Socialist Council of Nagaland (abbreviated NSCN) is a Naga nationalist separatist group operating mainly in Northeast India, with minor activities in northwest Myanmar (Burma). The main goal of the organization is to establish a sovereign Naga state”.

[19] “The Shillong Accord of 1975 was an agreement signed between the Government of India, and Nagaland’s underground government, or Naga guerrillas, to accept the supremacy of Constitution of India without condition, surrender their arms and renounce their demand for the secession of Nagaland from India.”

[20] “R.N Ravi has retired as a special director of the Intelligence Bureau in 2012. He was appointed as a chairperson of the Joint Intelligence Committee in 2014 for three years. He was the Centre’s interlocutor in 2015 when the government signed a framework agreement for a settlement of the Naga question with the National Socialist Council of Nagaland (Isaac-Muivah), the largest of the Naga armed groups. His appointment as Governor of Nagaland has special purpose of speeding up implementation of Naga Peace Accord.”

Authored By: NRIPENDRA PANDEY

Student of Law, Amity Law School, Noida, Amity University Uttar Pradesh

Disclaimer: This article has been published in Legal Desire International Journal on Law, ISSN 2347-3525 , Issue 22, Vol 7

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Explained: What is Article 371?

Articles 370 and 371 were part of the Constitution at the time of its commencement on January 26, 1950; Articles 371A through 371J were incorporated subsequently.

case study on article 371a

Home Minister Amit Shah told Lok Sabha Tuesday that the government had no intention of removing Article 371 of the Constitution, which includes “ special provisions” for 11 states , including six states of the Northeast. His assurance came after Congress leaders expressed apprehension that having rendered Article 370 irrelevant, the government might unilaterally move to abrogate or modify Article 371.

Articles 369 through 392 (including some that have been removed) appear in Part XXI of the Constitution, titled ‘Temporary, Transitional and Special Provisions’. Article 370 deals with ‘Temporary Provisions with respect to the State of Jammu and Kashmir’; Articles 371, 371A, 371B, 371C, 371D, 371E, 371F, 371G, 371H, and 371J define special provisions with regard to another state (or states).

case study on article 371a

Article 371I deals with Goa , but it does not include any provision that can be deemed ‘special’.

Read this story in Bengali

Article 371, Maharashtra and Gujarat: Governor has “special responsibility” to establish “separate development 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 arrangement providing adequate facilities for technical education and vocational training, and adequate opportunities for employment” under the state government.

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Article 371A (13th Amendment Act, 1962), Nagaland: This provision was inserted after a 16-point agreement between the Centre and the Naga People’s Convention in 1960, which led to the creation of Nagaland in 1963. Parliament cannot legislate in matters of Naga religion or social practices, Naga customary law and procedure, administration of civil and criminal justice involving decisions according to Naga customary law, and ownership and transfer of land 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 Assembly consisting of members elected from the state’s tribal areas.

Article 371C (27th Amendment Act, 1971), Manipur: The President may provide for the constitution of a committee 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 Amendment Act, 1973; substituted by 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 State 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 university in Andhra Pradesh by a law of Parliament. But this is not a “special provision” in the sense of the others in this part.

Article 371F (36th Amendment 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 only by candidates from those sections.

Article 371G (53rd Amendment Act, 1986), Mizoram: Parliament cannot make laws on “religious or social practices of the Mizos, Mizo customary law 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 Amendment Act, 1986), Arunachal Pradesh: The Governor has a special responsibility with regard to law and order, and “he shall, after consulting the Council of Ministers, exercise his individual judgment as to the action to be taken”.

Article 371J (98th Amendment Act, 2012), Karnataka: There is a provision for a separate development board for the Hyderabad -Karnataka region. There 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 state government jobs in Hyderabad-Karnataka can be reserved for individuals from that region.

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case study on article 371a

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Why in the News?

  • On 12 th December 2023, Supreme Court bench, with a majority of 5:0 judges, ruled that Article 370 of the Indian Constitution is only a feature of asymmetric federalism, which is not the same as having internal sovereignty.

What’s in Today’s Article?

  • About Asymmetric Federalism (Meaning, Features, India’s Case Study)
  • Examples of Asymmetric Federalism (Article 370, Article 371, Sixth Schedule of Constitution)

What is Asymmetric Federalism?

  • Asymmetric federalism is based on unequal powers and relationships in political, administrative, and fiscal arrangement spheres between the federal units constituting a federation .
  • Asymmetry in the arrangements of a federation can be viewed in both vertical (between the centre and states) and horizontal (among the states) senses.
  • They can also result from the way in which administrative, political, and fiscal systems are implemented in a federation.
  • India's founding fathers recognized the need for a salad bowl approach to governance which recognizes the distinctive cultural differences in the country and permits self-rule within the scheme of a shared rule.

Why is it said that India has Asymmetric Federalism?

  • The main forms of administrative units in India are the Centre and the States .
  • But there are other forms, too, all set up to address specific local, historical and geographical contexts.
  • For example, Puducherry and Delhi have legislatures, while the other territories under the Centre do not have legislatures or a ministerial council to advise the administrator .
  • Even between Puducherry and Delhi, there is a notable difference.
  • Puducherry has legislative powers on any matter mentioned in the State List or the Concurrent List, insofar as it applies to the Union Territory.
  • Delhi, which has the same field, has three further exceptions: police, land and public order are outside its purview.
  • However, Parliament has overriding powers over any law made by the Assembly in the Union Territories.
  • Just as the Centre and the States do not have matching powers in all matters, there are some differences in the way some States and other constituent units of the Indian Union relate to the Centre .
  • This creates a notable asymmetry in the way Indian federalism works.

Article 370 of the Indian Constitution:

  • The foremost example of asymmetry among Centre-State ties was in the way J&K related to India until August 6, 2019, the day the President declared that its special status ceased to be operative.
  • Under Article 370, the State was allowed to have its own Constitution, its own definition of ‘permanent residents’, the right to bar outsiders from holding property, and the privilege of not having any Indian law automatically applicable to its territory.
  • Indian laws had to be specifically permitted by its Assembly before it could operate there.
  • It was allowed to have its own Penal and Criminal Procedure Codes.
  • The President was empowered to notify, from time to time, the provisions of the Constitution that could be extended to the State, with or without modifications.

Article 371 of the Indian Constitution:

  • Special status is not unique to Kashmir. However, the sort of asymmetry seen in J&K’s relationship to the Centre is not seen in other States.
  • The ‘special provisions’ applicable to some other States are mainly in the form of empowering the Governors to discharge some special responsibilities.
  • The common feature is that wherever Governors have been asked to discharge special responsibilities, their discretionary power overrides the process of consultation with the respective Council of Ministers.
  • Under the same Article, the Governor of Gujarat has a similar responsibility towards Saurashtra, Kutch and the rest of Gujarat.
  • Likewise, Article 371A, 371B, 371C, 371D, 371F, 371G, 371H have special provisions w.r.t. Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh, respectively .

Are there any other examples of Decentralisation of Power?

  • The Sixth Schedule to the Constitution contains provisions for the administration of tribal areas in Assam , Meghalaya , Tripura and Mizoram .
  • These create autonomous districts and autonomous regions.
  • Any autonomous district with different Scheduled Tribes will be divided into autonomous regions.
  • These will be administered by District Councils and Regional Councils.
  • These Councils can make laws with respect to allotment, occupation and use of land, management of forests other than reserve forests and water courses.
  • Besides they can regulate social customs, marriage and divorce and property issues.
  • In Assam, the Karbi-Anglong Autonomous Council, Dima Hasao Autonomous District Council and the Bodoland Territorial Council have been set up under the Sixth Schedule.
  • Another six autonomous councils have been formed by Acts of the legislature.
  • Ladakh has two autonomous hill development councils (Leh and Kargil). The Darjeeling Gorkha Hill Council is in West Bengal .

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Article 371: a mirror of sensitivity of indian federalism.

case study on article 371a

Mischievously, a new debate has been forced upon regarding the fate of the Article 371 that contains special provisions designed to preserve the indigenous communities and their way of life through according each of the states and individual special status. The Government critics are creating an apprehension that the next central Government action would be of snatching away Article 371 after it had done away with Article 370 in Jammu & Kashmir.

…Article 370, it starts with the word ‘temporary’ where as the entire Article 371 starts with the word ‘special’…

Union Home Minister recently, in a plenary session of North East Council, stated unambiguously that the Centre will not touch Article 371. This statement was primarily aimed to allay the fear emanating from certain quarter of North-East States.

One has to understand the fundamental difference between these two articles. It would be a reflection of a Constitutional illiteracy, if there is an attempt to equate these two. Article 370 presented an impression of the pendency of the Jammu & Kashmir’s merger with India. It also gave an uncanny opportunity to Pakistan to internationalize the matter and spit venom against India on world forum wherever it got an opportunity.

Article 370 was involuntarily leaving lots of political space to anti India forces to misguide the locals, arouse religious fundamentalism, instigate militancy and launch jihadi terror against the Indian State. It also had notorious features like article 35A – a scar on the Preamble of the Constitution that promises to secure to all its citizens JUSTICE, social, economic and political and EQUALITY of status and of opportunity to all its citizens. On the other hand, a plain and simple interpretation of the provisions of Article 371 makes it lucid that it is to provide an equitable justice to the citizens of certain States of India that the same Preamble guarantees.

 On the other hand, the intention behind the provisions of Article 371 is to safeguard the interest and aspirations of certain backward regions or to protect cultural and economic interests of the tribal people or to deal with the disturbed law and order in some parts. This article provides special powers to the Governors of Gujarat and Maharashtra to create independent development boards for Vidarbha, Marathwada, Saurashtra, Kutch and for the rest of Maharashtra and Gujarat.

Article 371 is for the protection of people whereas Article 370 was for the protection of the ruling elite of Jammu & Kashmir and their blackmailing with the Govt of India.

Article 371 further empowers the President to include a committee of the elected tribal representatives for the Assam Legislative Assembly for the constitution. For Manipur, it provides for creating a committee for the constitution and functions of the legislative assembly with the members elected from the hilly regions of the state.

However, under article 371E, special provisions for Arunachal Pradesh gives special powers to the Governor of Arunachal Pradesh on the directions from the President with regard to the law and order in the State. Though the Governor will consult the Council of Ministers, the governor’s decision will be final. This has been understandably done in view of the strategic location of the State of Arunachal Pradesh which is under constant surveillance threat from China.

The legislative intent behind Article 371 is to allow and accommodate the special needs of different States. This is the touchstone of the cooperative federal structure of the Indian Constitution. If we see the subheading of Article 370, it starts with the word ‘temporary’ where as the entire Article 371 starts with the word ‘special’. Thus the major difference between these two articles is that one is ‘temporary’ and other is ‘special’. Article 370 had a negative and limiting connotation so far as it reduced the power of the Parliament as well as the Supreme Court of India making Jammu & Kashmir a ‘state’ within state holding back its integration with India.

There is another fine distinction between ‘special status’ and ‘special category state’. Article 370 provided special status to Jammu & Kashmir so much as it could have a separate Constitution and a Flag. It had a different kind of relationship with Union of India. Article 371 does not grant ‘special status’ to any of the 11 States where it applies. These 11 States and particularly those of northeast, can be said to be ‘special category status’ ; a concept given by the Finance Commission in the year 1969 that provides a special treatment to these States in the form of central assistant, taxes, creating development boards, educational institutions and share in the local Govt jobs.

The provisions under Article 371 are empowering and enabling specially enacted to safeguard the way of life and culture of those states. It did not incite or encourage the secessionist forces of these States who were granted the special provisions. Those provisions are directly for the benefit of the residents and in no way comes in the way of the unitary strength of the India.

The issue of an unlikely event of touching article 371 has been raised by those protagonists who were in favor of permanent continuation of article 370 in Jammu & Kashmir.

Article 371 was intended to insulate the locals from the exploitation by the politicians, business man, bureaucrats, the purpose it has successfully met. Most of the time, it is restricted to certain districts only and as such does not affect the entire State. For example, there are certain restrictions of buy property in some hilly states but that is not for the entire state and covers only specific districts.

The issue of an unlikely event of touching article 371 has been raised by those protagonists who were in favor of permanent continuation of article 370 in Jammu & Kashmir. In fact, the Article 371 has been cited by these sections creating a falsehood of an imaginary Constitutional breach of trust by Govt of India, if the promises made to the States affected by Article 371 are withdrawn. It is a wrong narrative spread by Article 370 crusaders who now seem to have been silenced. A

rticle 371 is for the protection of people whereas Article 370 was for the protection of the ruling elite of Jammu & Kashmir and their blackmailing with the Govt of India. Thankfully, Article 370 is now history and the country has moved on ; whereas article 371 is here to stay and even grow, new sub clauses to Article 371 may be added, if more numbers of States feel the special requirements and are accommodated within our Constitutional scheme.

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case study on article 371a

Rakesh Kr Sinha

Former DIG and is associate member of Institute of Defence Studies and Analyses (IDSA). Presently Special Advisor to the Chief Minister, Govt of NCT of Delhi.

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Article 371A of Indian Constitution – Special provision with respect to the State of Nagaland

Article 371A of Indian Constitution: Special provision with respect to the State of Nagaland

Article 371A Special provision with respect to the State of Nagaland – Constitution Of India

(1) Notwithstanding anything in this Constitution,—

(a) no Act of Parliament in respect of—

(i) religious or social practices of the Nagas,

(ii) Naga customary law and procedure,

(iii) administration of civil and criminal justice involving decisions according to Naga customary law,

(iv) ownership and transfer of land and its resources, shall apply to the State of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides;

(b) the Governor of Nagaland shall have special responsibility with respect to law and order in the State of Nagaland for so long as in his opinion internal disturbances occurring in the Naga Hills-Tuensang Area immediately before the formation of that State continue therein or in any part thereof and in the discharge of his functions in relation thereto the Governor shall, after consulting the Council of Ministers, exercise his individual judgment as to the action to be taken:

Provided that if any question arises whether any matter is or is not a matter as respects which the Governor is under this sub-clause required to act in the exercise of his individual judgment, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in the exercise of his individual judgment:

Provided further that if the President on receipt of a report from the Governor or otherwise is satisfied that it is no longer necessary for the Governor to have special responsibility with respect to law and order in the State of Nagaland, he may by order direct that the Governor shall cease to have such responsibility with effect from such date as may be specified in the order;

(c) in making his recommendation with respect to any demand for a grant, the Governor of Nagaland shall ensure that any money provided by the Government of India out of the Consolidated Fund of India for any specific service or purpose is included in the demand for a grant relating to that service or purpose and not in any other demand;

(d) as from such date as the Governor of Nagaland may by public notification in this behalf specify, there shall be established a regional council for the Tuensang district consisting of thirty-five members and the Governor shall in his discretion make rules providing for—

(i) the composition of the regional council and the manner in which the members of the regional council shall be chosen: Provided that the Deputy Commissioner of the Tuensang district shall be the Chairman ex officio of the regional council and the Vice-Chairman of the regional council shall be elected by the members thereof from amongst themselves;

(ii) the qualifications for being chosen as, and for being, members of the regional council;

(iii) the term of office of, and the salaries and allowances, if any, to be paid to members of, the regional council;

(iv) the procedure and conduct of business of the regional council;

(v) the appointment of officers and staff of the regional council and their conditions of services; and

(vi) any other matter in respect of which it is necessary to make rules for the constitution and proper functioning of the regional council.

(2) Notwithstanding anything in this Constitution, for a period of ten years from the date of the formation of the State of Nagaland or for such further period as the Governor may, on the recommendation of the regional council, by public notification specify in this behalf,—

(a) the administration of the Tuensang district shall be carried on by the Governor;

(b) where any money is provided by the Government of India to the Government of Nagaland to meet the requirements of the State of Nagaland as a whole, the Governor shall in his discretion arrange for an equitable allocation of that money between the Tuensang district and the rest of the State;

(c) no Act of the Legislature of Nagaland shall apply to Tuensang district unless the Governor, on the recommendation of the regional council, by public notification so directs and the Governor in giving such direction with respect to any such Act may direct that the Act shall in its application to the Tuensang district or any part thereof have effect subject to such exceptions or modifications as the Governor may specify on the recommendation of the regional council: Provided that any direction given under this sub-clause may be given so as to have retrospective effect;

(d) the Governor may make regulations for the peace, progress and good Government of the Tuensang district and any regulations so made may repeal or amend with retrospective effect, if necessary, any Act of Parliament or any other law which is for the time being applicable to that district;

(e) (i) one of the members representing the Tuensang district in the Legislative Assembly of Nagaland shall be appointed Minister for Tuensang affairs by the Governor on the advice of the Chief Minister and the Chief Minister in tendering his advice shall act on the recommendation of the majority of the members as aforesaid1 ;

(ii) the Minister for Tuensang affairs shall deal with, and have direct access to the Governor on, all matters relating to the Tuensang district but he shall keep the Chief Minister informed about the same;

(f) notwithstanding anything in the foregoing provisions of this clause, the final decision on all matters relating to the Tuensang district shall be made by the Governor in his discretion;

(g) in articles 54 and 55 and clause (4) of article 80, references to the elected members of the Legislative Assembly of a State or to each such member shall include references to the members or member of the Legislative Assembly of Nagaland elected by the regional council established under this article;

(h) in article 170—

(i) clause (1) shall, in relation to the Legislative Assembly of Nagaland, have effect as if for the word “sixty”, the word “forty-six” had been substituted;

(ii) in the said clause, the reference to direct election from territorial constituencies in the State shall include election by the members of the regional council established under this article;

(iii) in clauses (2) and (3), references to territorial constituencies shall mean references to territorial constituencies in the Kohima and Mokokchung districts.

(3) If any difficulty arises in giving effect to any of the foregoing provisions of this article, the President may by order do anything (including any adaptation or modification of any other article) which appears to him to be necessary for the purpose of removing that difficulty:

Provided that no such order shall be made after the expiration of three years from the date of the formation of the State of Nagaland. Explanation.—In this article, the Kohima, Mokokchung and Tuensang districts shall have the same meanings as in the State of Nagaland Act, 1962.

Constitution Of India Part 21 Temporary, Transitional And Special Provisions – Articles 369 to 392

Article 369 of indian constitution – temporary power to parliament to make laws, article 370 of indian constitution – temporary provisions with respect to the state of jammu and kashmir, article 371 of indian constitution – special provision with respect to the states of maharashtra and gujarat, article 371b of indian constitution – special provision with respect to the state of assam, article 371c of indian constitution – special provision with respect to the state of manipur, leave a reply cancel reply.

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    (g) in articles 54 and 55 and clause (4) of article 80, references to the elected members of the Legislative Assembly of a State or to each such member shall include references to the members or member of the Legislative Assembly of Nagaland elected by the regional council established under this article; (h) in article 170—