Context: A regional party in poll-bound Meghalaya has indicated that bringing the State under the purview of Article 371-371J, which could help resume rat-hole coal mining, that is banned in the state since April 2014.
Relevance of the Topic: Prelims: Key facts about Article 371 to 371J.
Background:
- Rat hole mining has been banned in Meghalaya by the National Green Tribunal (NGT) since 2014.
- It is still ongoing in various parts of Nagaland because of the protection provided under Article 371A.
- The Article bars any Act of Parliament related to their customary law and procedure (including civil and criminal justice matters, and ownership or transfer of land and resources), to prevail unless the state legislative assembly passes the resolution to do so.
About Article 371 to 371J:
- Article 371 to 371J (Part XXI) of the Constitution of India, grants some temporary, transitional, and special powers for 12 States, viz, Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, and Karnataka.
- Article 371 has been part of the Constitution since 26 January 1950.
- Articles 371(A-J) have been brought in via amendments through Article 368.
- Originally, the constitution did not make any special provisions for these states. They have been incorporated by the various subsequent amendments made in the context of reorganisation of the states or conferment of statehood on the Union Territories.
Intention behind Article 371 to 371J
- Meet the aspirations of the people of backward regions of the states
- To protect the cultural and economic interests of the tribal people of the states
- To deal with the disturbed law and order condition in some parts of the states
- To protect the interests of the local people of the states.
Article 371 A of Indian Constitution
Article 371-A makes the following special provisions for Nagaland:
- The Acts of Parliament relating to the following matters would not apply to Nagaland unless the State Legislative Assembly so decides:
- 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.
- The Governor of Nagaland shall have special responsibility for law and order in the state so long as internal disturbances caused by the hostile Nagas continue. In the discharge of this responsibility, the Governor, after consulting the Council of Ministers, exercises his individual judgement and his decision is final. This special responsibility of the Governor shall cease when the President so directs.
- The Governor has to ensure that the money provided by the Central Government for any specific purpose is included in the demand for a grant relating to that purpose and not in any other demand moved in the State Legislative Assembly.
- A regional council consisting of 35 members should be established for the Tuensang district of the state. The Governor should make rules for the composition of the council, manner of choosing its members, their qualifications, term, salaries, and allowances; the procedure and conduct of business of the council; the appointment of officers and staff of the council and their service conditions; and any other matter relating to the constitution and proper functioning of the council.