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Article 371H of the Indian Constitution, 1949

371H. Special provision with respect to the State of Arunachal Pradesh

Page 245

Notwithstanding anything in this Constitution,

(a) the Governor of Arunachal Pradesh shall have special responsibility 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, exercise his individual judgment as to the action to be taken: Provided that if any question arises whether any matter is or is not a matter as respects which the Governor is under this clause required to act in the exercise of his individual judgment, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in the exercise of his individual judgment: Provided further that if the President on receipt of a report from the Governor or otherwise is satisfied that it is no longer necessary for the Governor to have special responsibility with respect to law and order in the State of Arunachal Pradesh, he may by order direct that the Governor shall cease to have such responsibility with effect from such date as may be specified in the order;

(b) the Legislative Assembly of the State of Arunachal Pradesh shall consist of not less than thirty members

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Article 371G of the Indian Constitution, 1949

371G. Special provision with respect to the State of Mizoram

Page 245

Notwithstanding anything in this Constitution,

(a) no Act of President in respect of (i) religious or social practices of the Mizos, (ii) Mizo customary law and procedure, (iii) administration of civil and criminal justice involving decisions according to Mizo customary law, (iv) ownership and transfer of land, shall apply to the State of Mizoram unless the Legislative Assembly of the State of Mizoram by a resolution so decides: Provided that nothing in this clause shall apply to any Central Act in force in the union territory of Mizoram immediately before the commencement of the Constitution (Fifty third Amendment) Act, 1986 ;

(b) the Legislative Assembly of the State of Mizoram shall consist of not less than forty members

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Article 371F of the Indian Constitution, 1949

371F. Special provision with respect to the State of Sikkim

Page 245

Notwithstanding anything in this Constitution,

(a) the Legislative Assembly of the State of Sikkim shall consist of not less than thirty members;

(b) as from the date of commencement of the Constitution (Thirty sixth Amendment) Act, 1975 , (hereafter in this article referred to as the appointed day) (i) the Assembly for Sikkim formed as a result of the elections held in Sikkim in April, 1974 with thirty two members elected in the said elections (hereinafter referred to as the sitting members) shall be deemed to be the Legislative Assembly of the State of Sikkim duly constituted under this Constitution; (ii) the sitting members shall be deemed to be the members of the Legislative Assembly of the State of Sikkim duly elected under this Constitution; and (iii) the said Legislative Assembly of the State of Sikkim shall exercise the powers and perform the functions of the Legislative Assembly of a State under this Constitution;

(c) in the case of the Assembly deemed to be the Legislative Assembly of the State of Sikkim under clause (b), the references to the period of five years in clause ( 1 ) of Article 172 shall be construed as references to a period of four years and the said period of four years shall be deemed to commence from the appointed day;

(d) until other provisions are made by Parliament by law, there shall be allotted to the State of Sikkim one seat in the House of the People and the State of Sikkim shall form one parliamentary constituency to be called the parliamentary constituency for Sikkim;

(e) the representative of the State of Sikkim in the House of the People in existence on the appointed day shall be elected by the members of the Legislative Assembly of the State of Sikkim;

(f) Parliament may, for the purpose of protecting the rights and interests of the different sections of the population of Sikkim make provision for the number of seats in the Legislative Assembly of the State of Sikkim which may be filled by candidates belonging to such sections and for the delimitation of the assembly constituencies from which candidates belonging to such sections alone may stand for election to the Legislative Assembly of the State of Sikkim;

(g) 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 and in the discharge of his special responsibility under this clause, the Governor of Sikkim shall, subject to such directions as the President may, from time to time, deem fit to issue, act in his discretion;

(h) all property and assets (whether within or outside the territories comprised in the State of Sikkim) which immediately before the appointed day were vested in the Government of Sikkim or in any other authority or in any person for the purposes of the Government of Sikkim shall, as from the appointed day, vest in the Government of the State of Sikkim;

(i) the High Court functioning as such immediately before the appointed day in the territories comprised in the State of Sikkim shall, on and from the appointed day, be deemed to be the High Court for the State of Sikkim;

(j) all courts of civil, criminal and revenue jurisdiction, all authorities and all officers, judicial, executive and ministerial, throughout the territory of the State of Sikkim shall continue on and from the appointed day to exercise their respective functions subject to the provisions of this Constitution;

(k) all laws in force immediately before the appointed day in the territories comprised in the State of Sikkim or any part thereof shall continue to be in force therein until amended or repealed by a competent legislature or other competent authority;

(l) for the purpose of facilitating the application of any such law as is referred to in clause (k) in relation to the administration of the State of Sikkim and for the purpose of bringing the provisions of any such law into accord with the provisions of this Constitution, the President may, within two years from the appointed day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon, every such law shall have effect subject to the adaptations and modifications so made, and any such adaptation or modification shall not be questioned in any court of law;

(m) neither the Supreme Court nor any other court shall have jurisdiction in respect of any dispute or other matter arising out of any treaty, agreement, engagement or other similar instrument relating to Sikkim which was entered into or executed before the appointed day and to which the Government of India or any of its predecessor Governments was a party, but nothing in this clause shall be construed to derogate from the provisions of Article 143;

(n) the President may, by public notification, extend with such restrictions or modifications as he thinks fit to the State of Sikkim any enactment which is in force in a State in India at the date of the notification;

(o) if any difficulty arises in giving effect to any of the foregoing provisions of this article, the president may, by order, do anything (including any adaptation or modification of any other article) which appears to him to be necessary for the purpose of removing that difficulty: Provided that no such order shall be made after the expiry of two years from the appointed day;

(p) all things done and all actions taken in or in relation to the State of Sikkim or the territories comprised therein during the period commencing on the appointed day and ending immediately before the date on which the Constitution (Thirty sixth Amendment) Act, 1975 , be deemed for all purposes to have been validly done or taken under this Constitution as so amended

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Article 371C of the Indian Constitution, 1949

371C. Special provision with respect to the State of Manipur

Page 245

(1) Notwithstanding anything in this Constitution, the President may, by order made with respect to the State of Manipur, provide for the constitution and functions of a committee of the Legislative Assembly of the State consisting of members of that Assembly elected from the Hill Areas of that State, for the modifications to be made in the rules of business of the Government and in the rules of procedure of the Legislative Assembly of the State and for any special responsibility of the Governor in order to secure the proper functioning of such committee

(2) The Governor shall annually, or whenever so required by the President, make a report to the President regarding the administration of the Hill Areas in the State of Manipur and the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said areas Explanation In this article, the expression Hill Areas means such areas as the President may, by order, declare to be Hill Areas

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Article 371B of the Indian Constitution, 1949

371B. Special provision with respect to the State of Assam

Page 245

Special provision with respect to the State of Assam Notwithstanding anything in this Constitution, the President may, by order made with respect to the State of Assam, provide for the constitution and functions of a committee of the Legislative Assembly of the State consisting of members of that Assembly elected from the tribal areas specified in Part I of the table appended to paragraph 20 of the Sixth Schedule and such number of other members of that Assembly as may be specified in the order and for the modifications to be made in the rules of procedure of that Assembly for the constitution and proper functioning of such committee

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Article 371A of the Indian Constitution, 1949

371A. Special provision with respect to the State of Nagaland

Page 245

(1) Notwithstanding anything in this Constitution,

(a) no Act of Parliament in respect of (i) religious or social practices of the Nagas, (ii) Naga customary law and procedure, (iii) administration of civil and criminal justice involving decisions according to Naga customary law, (iv) ownership and transfer of land and its resources, shall apply to the State of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides;

(b) the Governor of Nagaland shall have special responsibility with respect to law and order in the State of Nagaland for so long as in his opinion internal disturbances occurring in the Naga Hills Tuensang Area immediately before the formation of that State continue therein or in any part thereof and in the discharge of his functions in relation thereto the Governor shall, after consulting the Council of Ministers, exercise his individual judgment as to the action to be taken: Provided that if any question arises whether any matter is or is not a matter as respects which the Governor is under this sub clause required to act in the exercise of his individual judgment, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in the exercise of his individual judgment: Provided further that if the President on receipt of a report from the Governor or otherwise is satisfied that it is no longer necessary for the Governor to have special responsibility with respect to law and order in the State of Nagaland, he may by order direct that the Governor shall cease to have such responsibility with effect from such date as may be specified in the order;

(c) in making his recommendation with respect to any demand for a grant, the Governor of Nagaland shall ensure that any money provided by the Government of India out of the Consolidated Fund of India for any specific service or purpose is included in the demand for a grant relating to that service or purpose and not in any other demand;

(d) as from such date as the Governor of nagaland may by public notification in this behalf specify, there shall be estalished a regional council for the Tuensang district consisting of thirty five members and the Governor shall in his discretion make rules providing for (i) the composition of the regional council and the manner in which the members of the regional council shall be chosen: Provided that the Deputy Commissioner of the Tuensang district shall be the Chairman ex officio of the regional council and the Vice Chairman of the regional council shall be elected by the members thereof from amongst themselves; (ii) the qualifications for being chosen as, and for being, members of the regional council; (iii) the term of office of, and the salaries and allowances, if any, to be paid to members of, the regional council; (iv) the procedure and conduct of business of the regional council; (v) the appointment of officers and staff of the regional council and their conditions of services; and (vi) any other matter in respect of which it is necessary to make rules for the constitution and proper functioning of the regional council

(2) Notwithstanding anything in this Constitution, for a period of ten years from the date of the formation of the State of Nagaland or for such further period as the Governor may, on the recommendation of the regional council, by public notification specify in this behalf,

(a) the administration of the Tuensang district shall be carried on by the Governor;

(b) where any money is provided by the Government of India to the Government of Nagaland to meet the requirements of the State of nagaland as a whole, the Governor shall in his discretion arrange for an equitable allocation of that money between the Tuensang district and the rest of the State;

(c) no Act of the Legislature of Nagaland shall apply to the Tuensang district unless the Governor, on the recommendation of the regional council, by public notification so directs and the Governor in giving such direction with respect to any such Act may direct that the Act shall in its application to the Tuensang district or any part thereof have effect subject to such exceptions or modifications as the Governor may specify on the recommendation of the regional council: Provided that any direction given under this sub clause may be given so as to have retrospective effect;

(d) the Governor may make regulations for the peace, progress and good government of the Tuensang district and any regulations so made may repeal or amend with retrospective effect, if necessary, any Act of Parliament or any other law which is for the time being applicable to that district;

(e) (i) one of the members representing the Tuensang district in the Legislative Assembly of nagaland shall be appointed Minister for Tuensang affairs by the Governor on the advice of the Chief Minister and the Chief Minister in tendering his advice shall act on the recommendation of the majority of the members as aforesaid; (ii) the Minister for Tuensang affairs shall deal with, and have direct access to the Governor on, all matters relating to the Tuensang district but he shall keep the Chief Minister informed about the same;

(f) notwithstanding anything in the foregoing provisions of this clause, the final decision on all matters relating to the Tuensang district shall be made by the Governor in his discretion;

(g) in articles 54 and 55 and clause ( 4 ) of Article 80, references to the elected members of the Legislative Assembly of a State or to each such member shall include references to the members or member of the Legislative Assembly of Nagaland elected by the regional council established under this article;

(h) in Article 170 (i) clause ( 1 ) shall, in relation to the Legislative Assembly of Nagaland, have effect as if for the word sixty, the words forty six had been substituted; (ii) in the said clause, the reference to direct election from territorial constituencies in the State shall include election by the members of the regional council established under this article; (iii) in clauses ( 2 ) and ( 3 ), references to territorial constituencies shall mean references to territorial constituencies in the Kohima and Mokokchung districts

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Excerpts regarding the Northeast:

Article 371A (13th Amendment Act, 1962), Nagaland: This provision was inserted after a 16-point agreement between the Centre and the Naga People’s Convention in 1960, which led to the creation of Nagaland in 1963. Parliament cannot legislate in matters of Naga religion or social practices, Naga customary law and procedure, administration of civil and criminal justice involving decisions according to Naga customary law, and ownership and transfer of land without concurrence of the state Assembly.

Article 371B (22nd Amendment Act, 1969), Assam: The President may provide for the constitution and functions of a committee of the Assembly consisting of members elected from the state’s tribal areas.

Article 371C (27th Amendment Act, 1971), Manipur: The President may provide for the constitution of a committee of elected members from the Hill areas in the Assembly, and entrust “special responsibility” to the Governor to ensure its proper functioning.

Article 371F (36th Amendment Act, 1975), Sikkim: The members of the Legislative Assembly of Sikkim shall elect the representative of Sikkim in the House of the People. To protect the rights and interests of various sections of the population of Sikkim, Parliament may provide for the number of seats in the Assembly, which may be filled only by candidates from those sections.

Article 371G (53rd Amendment Act, 1986), Mizoram: Parliament cannot make laws on “religious or social practices of the Mizos, Mizo customary law and procedure, administration of civil and criminal justice involving decisions according to Mizo customary law, ownership and transfer of land… unless the Assembly… so decides”.

Article 371H (55th Amendment Act, 1986), Arunachal Pradesh: The Governor has a special responsibility with regard to law and order, and “he shall, after consulting the Council of Ministers, exercise his individual judgment as to the action to be taken”.

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Six states in the Northeast are granted special provisions under articles 371 A, B, C, F, G, and H of the Indian Constitution. Broadly, the provisions under these articles are in place to safeguard social, religious, and political customs of tribal populations. Over the next week, we will share information regarding the articles pertinent to Northeastern states as well as the text of articles itself.

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O’ State, come, arrest me by Rashmirekha Borah

tr. from Axomiya by Biswajit Bora & Tara Amrapali

Rashmirekha Borah is a Guwahati based activist, author and poet.

source

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Please Donate! Re: Assam Floods 2020

Over 5.6 million people have been affected by this year’s annual floods in Assam.

Image: Anuwar Hazarika/Reuters

It’s no joke. 30 districts. Homes submerged. Documents lost. People displaced, injured, or dead. Crops destroyed. During a pandemic. Alongside an outbreak of Japanese encephalitis. No mainstream press coverage. 

With the state and central administrations failing to come up with either short or long term solutions, a lot of relief work has fallen onto ordinary people. Here is a document containing a list of organizations you can donate to. 

Personal note: Please donate to the ones highlighted in yellow!

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The ‘northeast’

What is 'Northeast India’?

The term refers to a region in the easternmost part of India, which indicates a political division that falls under the jurisdiction of the Indian state

It consists of 8 states: Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, and Tripura. All of these states are recognized under the NEC (North Eastern Council), a body in charge of development in these states

Why does it matter?

Short, blunt answer with zero nuance: the entire region is othered by the rest of the country.

Longer answer:

For starters, let’s take a look at this map depicting the territories the Indian state claims and governs. The red highlighted parts indicate which states comprise the northeast. Right off the bat, it’s geographically isolated from the mainland, connected to the rest of the nation through a thin strip of land called the ‘chicken neck’. Most states in the Northeast therefore share more borders with other nations than with the nation that governs them. Borderlands in any nation state assume strategic importance.

Second, most of the states in the northeast are granted special status in Article 371 of the Indian Constitution. This is due to their history with the central administration, and the manner in which each state was acquired by the Indian state.

Third, cultures, religions and traditions in among northeastern communities are markedly different from those one might see in the mainland. Most native languages spoken there are not derived from Indo-European languages as many other prominent Indian ones, but instead are from Mon-Khmer, and Tibeto-Burman language families.

Last, and most apparent: physical appearance. Most of the residents and native communities in the northeast do not look stereotypically Indian, which then leads to xenophobia, discrimination, racism, and violence when they interact with people from the mainland. 

All of these factors contribute to the othering of the northeast and a tendency to view this diverse region as homogenous. Political history and a general attitude of neglect from the central administration has also contributed immensely to poor relations between the mainland and the northeast. Insurgency, military repression, environmental degradation, settler colonialism, and erasure of indigenous culture has persisted ever since Indian independence.

Being informed about the northeast is the first step to ensure that people from this region can live without being cornered, assimilated, and erased.

You say 'northeast' instead of 'northeast India'. Is there anything I should know about the term ‘Northeast India’?

Yes. Multiple ethnic groups have demanded separate nations for themselves (eg. Nagalim). Northeast India or Northeast Indian is a loaded term. 

What should I use then?

It depends on the context. If it’s evident that you’re talking about the region within Indian jurisdiction, ‘the northeast’ will do just fine. However, if you must specify ‘northeast India’, do make sure you also communicate how loaded of a term it is.

This is all complicated.

There’s no denying that it is! If anyone expects simplicity and easy answers when learning about the Northeast, prepare to be disappointed. (That goes for learning about any community or region, really)

Thank you for reading this far! Please share my posts to spread awareness and information about this wonderful region. If you’re interested in learning more about the northeast, please follow this blog! As far as I��m aware, there is extremely little content regarding the northeast on this platform (or any accessible platform really), and I really want to fill that gap. I will be posting news, art, culture, academic literature and more.

Oh also, here’s a list of organizations doing relief work in Assam right now. 30 districts in Assam have been devastated by annual floods, and the fact that Covid-19 is still going strong isn’t helping at all.