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LATEST NEWS UPDATES | Not Just J&K, India's Constitution Provides Special Powers to 10 States

Not Just J&K, India's Constitution Provides Special Powers to 10 States

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published Published on Aug 6, 2019   modified Modified on Aug 6, 2019
-TheWire.in

Over the years, the parliament, under powers granted by Article 368, added a number of constitutional provisions under Article 371 to grant special powers and privileges to several states.

New Delhi:
The announcement of the Narendra Modi government’s decision in parliament to scrap the exclusive position enjoyed by the state of Jammu and Kashmir under Article 370 of the constitution has brought about mixed responses from both political parties and the public at large.

A question arises at this point: Is Jammu and Kashmir the only state to enjoy special powers under the constitution?

No.

While Article 35A granted under Article 370 gave J&K special status, Article 371 was brought in to create special provisions for Maharashtra and Gujarat. Both these Articles have existed from the time the constitution was adopted in 1950.

However, the parliament, under powers granted by Article 368, added a number of constitutional provisions under Article 371 to grant special powers and privileges to as many as nine other states.

Take Article 371A which bestows special powers on Nagaland. The state can have its own administrative and legal mechanisms based on the Naga customary laws, and the right to carry on religious and local social practices. People can have land ownership and the right to transfer land and other resources as per local practices. The provision also grants special powers to the governor to overrule the decision of the chief minister on a law and order situation.

This past January, chief minister Neiphiu Rio, banking on that special status of the state, wrote to the Union home ministry after a cabinet resolution that the Modi government’s decision to amend the Citizenship Act, 1955 would not be applicable in Nagaland.  

There is also Article 371B, meant for Assam. As per that provision, the president can bestow his powers on the state’s governor to set up a committee of the legislative assembly consisting members of the house elected from the tribal areas of the state. Besides, there is Article 244A, which was inserted into the constitution in 1969, as per which Assam was granted special powers to set up autonomous councils. This is aside from the provisions granted to the tribal states of the Northeast under the sixth schedule of the constitution.

Please click here to read more.

TheWire.in, 5 August, 2019, https://thewire.in/government/jammu-kashmir-constitution-special-powers-10-states


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