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| Chidambaram's understanding of Article 371 is flawed | | | Early Times Report
Jammu, May 31: The Congress has again misled the nation. Commenting on Jammu and Kashmir and the political status it should enjoys, former Home and Finance Minister P Chidambaram the other day it said: "Article 370 (Oct 19, 1949) was a historical compact between the Union of India (read Indian Dominion as India became Union only on January 26, 1950) and the ruler (Maharaja Hari Singh) of the princely State of Jammu and Kashmir. It is not the only special provision concerning a state. There are other provisions such as Article 371 to Article 371(I)," he, among other things, said.
Chidambaram has not only exposed itself by describing Article 370 a "compact" between the Government of India and Maharaja Hari Singh, but he has also exposed its intellectual bankruptcy by equating Article 370 with Article 371.
(Article 370 was incorporated as Article 306-A in the under-preparation Indian Constitution as a "Temporary Provision" on October 19, 1949, two years after the accession of Jammu and Kashmir to the Indian Dominion on October 26, 1947. And, the Instrument of Accession signed by Maharaja Hari Singh was similar to the one signed by other 560-odd princely states. There was no difference whatsoever, as this document had been prepared by the State Department (Home Ministry) of the Government of India.)
There is no comparison between the Article 370 and the Article 371. The Article 371, unlike Article 370, doesn't empower any of the states to enjoy a special status within the Union and exercise residuary powers. Nor does it empower any of the states to have a separate constitution and a separate flag.
Article 371 simply empowers the President of India to set up separate development boards for Vidarbha and Marathawada (Maharashtra) and Saurashtra and Kutch (Gujarat). The Article 371-A protects the "religious or social practices of the Nagas" and their "customary laws" and empowers the Nagaland Assembly to adopt or not to adopt the Central laws concerning "ownership and transfer of land and its resources". It also gives "special responsibility" to the Governor of Nagaland "with respect to law and order in the State of Nagaland".
Article 371-B provides for the Constitution and functions of a committee of the legislative assembly of the state (of Assam) consisting of members of that assembly elected from the tribal areas and for a similar committee in respect of Manipur comprising members of the assembly elected from the areas of the state.
Article 371-C requires the Governor to write a report to the President regarding the administration of the areas of Manipur. Article 371-D empowers the President of India to provide for equitable opportunities and facilities for the people belonging to different parts of the state (of Andhra Pradesh).
Article 371-E empowers the Parliament to establish a university in Andhra Pradesh.
Article 371-F authorises the Parliament to protect the rights and interests of different sections of the population in Sikkim by creating or earmarking certain Assembly seats for candidates belonging to such sections. It also states the Governor of Sikkim shall have special responsibility for peace and for an equitable arrangement for ensuring the social and economic advancement of different sections of the population of Sikkim.
Article 371-G states no Act of Parliament in respect of religious or social practices of the Mizos, Mizo customary laws and practices, administration of civil and criminal justice involving decisions according to Mizo customary laws and ownership and transfer of land shall apply to Mizoram unless the legislative assembly of the state by a resolution so decides…"
Article 371-H gives special responsibility to the Governor with respect to law and order in the state of Arunachal Pradesh and in the discharge of his functions in relation thereto, the "Governor shall, after consulting the council of ministers, exercises his individual judgment as to the action to be taken…"
Article 371-I states "notwithstanding anything in this (Indian) Constitution, the legislative assembly of the state shall consist of not less than thirty member".
Thus, Article 371, unlike Article 370, is beneficial for the ignored sections of society and ignored and underdeveloped regions. It empowers the Governors in certain states to exercise special powers and responsibilities and act according to their individual judgment. In fact, Article 370 divides the society and promotes fissiparous tendencies and Article 371 unites and empowers the people. |
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