By Our Reporter
SHILLONG, Dec 26: Supreme Court’s epic verdict on abrogation of Article 370, has left the people here with a mixed feeling over the improbable possibility of doing away with Article 371 that permits constitutional protection to the tribes of the Northeast.
Many have dismissed outright possibility, but then, there are some who make no bones about their trepidations deep within.
Although the Centre has categorically ruled out such a move, there is a muted apprehension about the temporary nature of tribal protection in the Constitution.
There is a view that apex court’s decision to uphold annulment of Article 370 gives Parliament the authority to change the Constitution’s special provisions without first consulting the State Assembly.
Although Union Home Minister Amit Shah has ruled out such a possibility, Article 371—which grants special protection to the tribes of the Northeast—can still be repealed by Parliament at some point of time.
Team Shillong Times reached out to political leaders, thinkers, activists, to ascertain the mood. Here are some of the responses:
Social activist Kyrsoibor Pyrtuh stated that the NDA-led Government in 2019 revoked Article 370 and turned the state of J&K into Union Territories.
“Keep in mind that the Khasi States and the State of Kashmir did not merge with India; rather, they acceded to India through the Instrument of Accession, also known as the Annexed Agreement, maintaining some degree of autonomy or independence in specific areas. What are the implications on the idea of autonomy/independence in the Land of the Hynniewtrep now that the final verdict has been rendered?” he inquired.
Pyrtuh stated that because the Supreme Court’s ruling is over 400 pages long, he has not read it in its entirety.
“The Supreme Court fulfilled its own obligations. I am more concerned about the political implications, especially with the BJP’s agenda of one nation, one culture, one religion, and one culture.”
He went on to say that political consensus and diplomacy allowed the Khasi States to join the India Union.
“Majority of our people will continue to support our ability to govern ourselves and to have autonomy. We are protected by the Sixth Schedule of the Constitution,” he stated.
“We are a small community. I believe that as a community, we need to discuss the revocation of Article 370,” Pyrtuh stated.
TMC state president Charles Pyngrope has other thoughts. He believes that because every state has a different identity and set of problems, assessments conducted in J&K might not be applicable to other states. This is not the general guideline, he argued.
“What they did in J&K must have included extensive consideration to support the Centre’s decision. There is no foundation for us to anticipate or expect that the Centre will take similar actions in the Northeast,” he asserted.
Cabinet minister Ampareen Lyngdoh of NPP, which is an ally of the ruling NDA, said, “We will not compromise on our commitment to upholding constitutional provisions that safeguard our region’s culture and traditions.”
She also emphasised that the historical background of J&K was different from that of the states in the Northeast.
“Given this, it would be inaccurate to associate the effects of the two constitutional clauses,” she said, adding that Article 371 addresses issues pertaining to the states of Maharashtra and Gujarat, while Articles 371A, 371B, and 371C address Nagaland, Assam, and Manipur, in that order.
A partner of the ruling MDA, the UDP is of similar view. UDP chief Metbah Lyngdoh observed that Articles 371 and 370 were different, and that the situation in J&K and the Northeast was different.
The Voice of the People Party (VPP) expressed its hope that the central government will persist in showing consideration for the diversity and unique characteristics of the Scheduled Tribes in Northeast India.
VPP spokesperson Batskhem Myrboh responded to the SC ruling by saying, “Definitely, the Parliament has the right to amend any part of the Constitution except its basic structures. The court has upheld Parliament’s power to amend the Constitution’s special provisions without first seeking the state Assembly’s opinion.”
He responded in the affirmative when asked if the Parliament would consider repealing Article 371, which grants the NE tribes particular protection. “That is a potentiality. The central government may make decisions in conformity with Article 368.”
But he added, “I hope that the central government will continue to be sensitive to the special needs and pluralism of the STs in Northeast India even in the future.”
“However, an autocratic regime that fails to recognise the diversity inside Indian democracy is certain to be overthrown,” he commented.
“Consultation is always an honourable political tradition in a democratic set up,” Myrboh reminded.
According to KHADC Deputy CEM PN Syiem, “Article 371 and Article 370, which applied to J&K, differ significantly.”
He stated that J&K was granted authority over its internal administration under Article 370, but that Article 371 is confined to provisions regarding social and religious customs on the Northeast.
“However, it (SC verdict) is not encouraging because the primary goal of the BJP-led NDA Government is to implement the Uniform Civil Code, which will guarantee that no community receives preferential treatment. In the future, the BJP government might try to repeal even Article 371. However, that will not happen right away,” according to Syiem, who is also the Congress working president.
KSU president Lambokstarwell Marngar stated that he would prefer not to comment on the SC decision.
“Because each tribe in the area has a distinct history, we are all entitled to specific protection under the constitution. The Centre has a duty to protect the minorities,” he declared, while adding that it will be incorrect to expect or assume that the Centre will revoke Article 371 in the same way.
“However, if there is a move to take away the unique protection enjoyed by the various tribes in the Northeast, we will definitely respond,” Marngar declared.
According to NEHU faculty member Prasenjit Biswas, “The removal of Article 370 marks a significant historical moment for Kashmiri immigration to India. However, since Article 371 is related to the unique privileges that the Scheduled Tribes of the area enjoy, its hypothetical removal would not affect accession. There are two types of yardsticks for Article 370 and Article 371,” according to Biswas.
He says it is critical to recognise that the Northeastern region is about protecting the rights of tribes and other minorities there, not about gaining entry.
The Sixth Schedule of the Constitution, which applies to the Northeast and the tribal regions of Central India, was also mentioned by him as a means of defending the rights of the Scheduled Tribes.
According to social activist Angela Rangad, India is no longer a union of states and a stunning patchwork of nationalities.
“Asymmetric federalism means that states are now at the mercy of a strong, cruel Centre, which spells the end for India’s democratic federal system. However, this was to be expected because the Hindutva forces’ own slogan ‘One Nation, One Election, One Everything’, is a covert attempt to strip the people of their sovereignty and give it to a single, all-powerful leader,” she continued.
She said that the Article 370 issue is irrelevant for the political forces in the Northeast that are always willing to make blatant concessions to the BJP. “But we must consider that our histories are now in the hands of a religious majoritarian force that will not hesitate to erase any aspect of our past that they find objectionable,” she added.
“What prevents them from changing or removing ST reservations, Article 371, and the Sixth Schedule guarantees? This judgement has opened the floodgates of a jurisprudence of national interest over citizen power and constitutional order,” the social activist stated.
Retired bureaucrat Toki Blah stated that, while he acknowledged that concerns about eliminating these special rights would exist, he does not foresee the political need to repeal Article 371, which provides special protection to the tribes of the Northeast, in the foreseeable future.
In unambiguous terms, senior politician Bindo M Lanong stated that the NDA Government, led by the BJP, has absurd agendas implying that it can do the unthinkable.
Kit Lyngbok Khoi commented on Facebook that the ruling by the apex court is an indication that the special protection which people of the state are enjoying is slowly being taken away.
Citing an example, he said that the coal mine owners cannot mine coal in their own mines without the mining lease issued by the government.
Khoi said that they would even require a challan for transportation of the extracted coal from their own mines.
Iainehs Wahlang, in a Facebook post, said that it would be better if the state loses the special protection since it paves the way for the rich to exploit the poor.
“There are local indigenous people who are landless. Where is the institution mandated by the Sixth Schedule to preserve our culture and tradition?” he questioned.
Neil Gavin Wankhar commented that he foresees another amendment of the Constitution for abrogation of the Sixth Schedule or Article 371.
“I fear that the Khasis may lose their ST status if we don’t convert to Hinduism,” Wankhar said.
River Wallang, in his Facebook comment, said that reservation in government jobs covered under the Sixth Schedule was supposed to be temporary to bring up members of the STs to be at par with the rest.
“Our boys and girls should strive not only to be at par, but to be above par then we will not need reservation at all. Looking at present standards of living, many of the elites lack nothing and can be favourably compared to the best in the country. Why do they still need reservation?” he said while reacting to a post by Kyrsoibor Pyrtuh.
“Reservation should be based on the per capita income consideration and added that more importantly, protection of land, culture and traditions are very crucial, and if taken away or abrogated, would doom us into extinction,” Wallang added.