AFTER ARTICLE 370, LEGISLATOR TRIGGERS DEBATE ON NAGALAND’S 371(A)
02, Jun 2019
Prelims level : Polity & Governance Mains level : Governance, Constitution, Polity, Social Justice and International relations
Why in News:
- A legislator of the ruling party in Nagaland has triggered a debate on Article 371(A) that guarantees special status for the people of the north-eastern State.
What is Article 370?
- Article 370 of the Indian Constitution is a ‘temporary provision’ which grants special autonomous status to Jammu & Kashmir.
- Under Part XXI of the Constitution of India, which deals with “Temporary, Transitional and Special provisions”, the state of Jammu & Kashmir has been accorded special status under Article 370. All the provisions of the Constitution which are applicable to other states are not applicable to J&K.
- According to this article, except for defence, foreign affairs, finance and communications,
Parliament needs the state government’s concurrence for applying all other laws.
- Indian citizens from other states cannot purchase land or property in Jammu & Kashmir.
- Under Article 370, the Centre has no power to declare financial emergency under Article
360 in the state. Under Article 370, the Indian Parliament cannot increase or reduce the borders of the state.
- Part IV (Directive Principles of the State Policy) and Part IVA (Fundamental Duties) of the Constitution are not applicable to J&K.
ARTICLE 371 – A → SPECIAL PROVISIONS FOR NAGALAND:
- An act of parliament relating to following matters would not apply to Nagaland unless state assembly so decides:
- Religious & social practices of Nagas Nagas
- customary law & procedure
- Administration of civil or criminal justice involving decisions according to Naga customary law Ownership & transfer of land & its resources
- Special responsibility of governor with respect to law & order in the state
- A regional council for Tuensang district, consisting of 35 members should be formed & governor in his discretion shall make all the rules & terms regarding this council
- Administration of Tuensang district shall be carried on by the governor
- Governor in his discretion shall arrange for equitable distribution of money, between Tuensang district & Rest of Nagaland, provided by the center.
- Final decision on all matters relating to Tuensang district shall be made by governor in his discretion. Members in Nagaland assembly from the Tuensang district are not elected directly by the people but by regional council.