Question 2390

States such as Assam, Nagaland, Arunachal Pradesh and Mizoram enjoy special powers under certain provisions of the Constitution of India (Part XXI), under which context do they get these provisions?

Answer

Protection of land rights of indigenous people

Why?

The correct answer is option 2 . Key Points Article 371-371J of the Indian Constitution deals with special provisions for eleven states of the Indian Union. As part of XXI of the Constitution of India, Article 371 grants special provisions to some states in the country. Part XXI deals with Temporary, Transitional and Special Provisions but the word `temporary' is not used for Article 371. States which are beneficiaries: Ranging from Article 371A to Article 371J, this Article gives special provisions for the states of Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh, Goa and Karnataka. The main objectives behind Article 371 granting special provisions to some states are to meet the unique needs of the backward regions of these states, protect the economic and cultural interests of these regions, combat the local challenges and protect the customary laws in these regions. Article 371A - Nagaland It states that no act of Parliament shall apply to the state of Nagaland in respect to religious or social practices of the Nagas, its customary laws, and procedures, administration of civil and criminal justice involving decisions according to Naga customary laws and ownership and transfer of land and its resources. It shall apply to Nagaland only after the state Assembly passes a resolution to do so, it says. Article 371-A states that land and its resources in the state belong to the people and not the government. Article 371B - Assam To give autonomy and voice to tribes, the President can provide for the constitution and functions of a committee of the Legislative Assembly of the state consisting of members elected from the tribal areas of Assam . Article 371G - Mizoram Similar to Article 371A in the case of Nagaland. An act of Parliament would not apply to Mizoram in matters relating to religious or social practices of Mizo, Mizo customary law and procedure, administration of civil or criminal justice involving decisions according to Mizo customary law, ownership and transfer of land and its resources. Article 371H- Arunachal Pradesh The governor has special powers over the state's law and order situation and can overrule the chief minister's decision on the basis of this provision. Thus, we can say that states get the provisions of the Constitution of India ( Part XXI ) regarding the protection of the land rights of indigenous people.