WHY NOT ARTICLE 371 ?
NEW DELHI : If the central government is not biased why id did not amend Article 371 while it targeted Article 370 ? The grounds on which BJP brought Presidential order to reduce Article 370 teeth less are very much there under Article 371 .This article grants such special status to Nagaland , Sikkim and other North East states .But BJP tried to target only Muslim majority state of the country .PTI released following article which provides details of Article 371 which is very similar to Article 370 .It is reproduced as under:
A snapshot of Article 371
Most of the States that have been accorded special provisions under Article 371 are in the Northeast and the special status aims to preserve their tribal culture.
As the government abrogated Article 370 that gave special status to Jammu and Kashmir, Article 371, which has special provisions for other States, mostly from the Northeast, has invited some attention.
Most of the States that have been accorded special provisions under Article 371 are in the northeast and the special status aims to preserve their tribal culture.
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 according to Naga customary law and ownership and transfer of land and its resources.
It shall apply to Nagaland only after the State Assembly passes a resolution to do so, it says.
In June, Neikiesalie Nicky Kire of the Nationalist Democratic Progressive Party (NDPP) observed that Article 371(A) impedes the State’s development. Article 371(A) states that land and its resources in the State belong to the people and not the government.
The MLA said due to the provisions in Article 371(A), the landowners usually do not allow the government to carry out any development activities on their plot.
Article 371-G that deals with special provisions with respect to Mizoram has similar nature.
It states that an act of Parliament relating to religious and social practices of 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 will not apply to Mizoram unless State assembly decides to do so.
Article 371B deals with special provision with respect to the State of Assam.
The main objective of inserting Article 371B was to facilitate the creation of the sub-State ‘Meghalaya’.
Article 371C deals with special provisions with respect to Manipur which became a State in 1972.
Articles 371F, 371H talk about special provisions with respect to States of Sikkim and Arunachal Pradesh, respectively.
Article 371 gives the power to the President of India to establish separate development boards for Vidarbha, Marathwada regions of Maharashtra and the rest of the State and Saurashtra, Kutch and rest of Gujarat.
Special provisions with respect to Andhra Pradesh, Karnataka, Goa are dealt in Articles 371D and 371E, 371J, 371I respectively.
Courtesy : The Hindu / PTI