The central government has reportedly sent a proposal to JK’s law department to work out modalities for implementation of Article 371 in Jammu and Kashmir.
Projected as a compensatory offer to J&K following the abrogation of the Article 370, the new law has been extended to most of the states in the Northeast and it aims at preserving the tribal culture of their residents.
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, admin¬istration 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 Progres¬sive 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 provi¬sions in Article 371(A), the land¬owners usually do not allow the government to carry out any de¬velopment 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 custom¬ary 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 provi¬sion 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 provi¬sions 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.