Does Meghalaya need Article 371?
Editor,
Apropos of the news “VPP faces UDP, Congress fire for ‘big talk’ on bringing Article 371” (ST February 1st 2025), the architect of the Sixth Schedule of the Indian Constitution James Joy Mohan Nichols Roy, a member of the Congress Party played a crucial role in drafting the provisions that provide for administration of tribal areas in Northeastern India. Hence, we have the Sixth Schedule in the districts of Karbi Anglong, Dima Hasao and Bodoland in Assam. The Khasi Hills, Jaintia Hills and Garo Hills in Meghalaya. The Tripura tribal areas in Tripura and in the Chakma, Mara and Lai region of Mizoram.
JJM Nichols Roy advocated for the Sixth Schedule instead of Article 371 because he believed in the importance of self-governance for the tribal areas in the northeastern region. The Sixth Schedule provides for the establishment of an Autonomous District Council with legislative, executive and judicial powers, allowing tribal communities to govern their own affairs. Nichols Roy emphasized the need to preserve the unique cultural practices and social norms of the tribal communities. The Sixth Schedule allows these communities to make laws and regulations that reflect their customs and traditions. It grants significant legislative powers to the ADCs, enabling them to manage land rights, social customs and local governance. This level of autonomy was seen as essential for the development and preservation of tribal identities. Nichols Roy believed that providing autonomy to tribal regions would help integrate them into the broader Indian framework while respecting their distinct identities. The Sixth Schedule was designed to balance autonomy with national integration. Roy opted for the Sixth Schedule because it offered a more suitable framework for self-governance, cultural preservation and balanced integration for the tribal communities in the northeastern region.
Why did Ladakh propose to be included in the Sixth Schedule rather than Article 371. Ladakh has a predominantly tribal population which is more than 97% and the Sixth Schedule is specifically designed to protect the rights and interest of tribal communities of Ladakh. It also provides for the formation of the Autonomous District Council with legislative, judicial and administrative autonomy, allowing for preservation of Ladakh’s unique cultural heritage. The Sixth Schedule grants significant autonomy to tribal areas, allowing them to govern their own affairs through ADCs. This level of self-governance is seen as essential for addressing their unique needs and challenges. The Schedule also ensures that the tribal communities have control over their land and resources, which is of crucial concern for the people of Ladakh. Ladakh’s strategic location at the crossroads of South Asia, Central Asia and East Asia gives it immense geopolitical significance for which the tribal leaders and the people of Ladakh feel that the Sixth Schedule can help ensure the region’s unique identity and their interests are protected. However, the Government of India indicated that including Ladakh under the Sixth Schedule would be difficult, as the Constitution is clear that the Sixth Schedule is for the northeastern stats only. For tribal areas in the rest of the country, there is the Fifth Schedule. The proposal for Ladakh to be included in the Sixth Schedule is driven by the need to protect its tribal identity, ensure local governance and address the region’s unique cultural and geopolitical significance.
Merely shouting from the roof top or in the market place that Meghalaya needs Article 371 will not suffice because there is a process. The process for a state to get special provisions under Article 371 involves several steps and requires both political and legislative actions. The steps to get Article 371 provisions requires the state government or representatives to identify the unique needs and challenges that require special provisions. The state government submits a proposal to the central government, outlining the specific provisions and justifications for special status. The Central government then reviews the proposal and assesses its merits. This will involve consultations with various stakeholders, including state representatives and experts.
If the Central government agrees with the proposal, it drafts the amendment to the Constitution to include the special provisions for the state under Article 371. Then the proposed amendment is introduced in Parliament. It must be passed by both houses of Parliament with a two-thirds majority. Once the amendment is passed by Parliament, it is then sent to the President of India for assent. Upon receiving the President’s assent, the amendment becomes part of the Constitution of India. For instance, Article 371A was introduced for Nagaland after a 16-point agreement between the Central government and the Naga People’s Convention in 1960, which led to the creation of Nagaland in 1963.
This process ensures that the unique needs and challenges of the state are addressed through constitutional provisions, promoting social, economic and cultural development. The duration for the process to grant special provisions under Article 371 can vary significantly based on several factors, including the complexity of the proposal, the level of political consensus and legislative process. Since there is no fixed timeline experts estimate that the process can take several months to a few years depending on the factors referred to above. However, there are factors influencing timeline. 1. The level of political consensus and support for the proposal can significantly impact the timeline. If there is broad support, the process may move more quickly. 2. The legislative process, including debates and discussions in Parliament, can affect the duration. Complex proposals may require more time for deliberation. 3. Administrative procedure and consultations with stakeholders can also influence the timeline. In the case of Nagaland, the introduction of Article 371 A involved negotiations and agreements over a few years before it was enacted.
Yours etc;
VK Lyngdoh,
Via email
Is the State PWD blind and deaf?
Editor,
I guess we should be thankful for small mercies. On February 2, 2024, I had written to The Shillong Times about the digging up of the stretch of road from Motphran to Them Bijoy which has not been repaired for over two years. Now, the powers that be have finally woken up and after putting the public to numerous unnecessary hardships, they have finally gravelled and topped it with bitumen.
I guess 3 years is but an insignificant moment in the eons of time, and I presume that it is even lesser in the corridors of power, but nevertheless, I, as an inconsequential member of the public would like to express my endless appreciations and thanks to the almighty government for having finally heeded to my request and completing this minor work on a major thoroughfare, which has been hindering the safe passage of the public.
I only hope and pray that they are as swift as this in taking care of other such issues faced by the public at other locations.
Yours etc.,
Sarad Bawri,
Via email