A day after the Centre revoked provisions of Article 370 to take away Jammu and Kashmir's special status, and proposed the bifurcation of the state into two Union territories, the issue rocked the Lok Sabha on August 6.
As the House convened on the day, Home Minister Amit Shah moved a resolution for abrogating some provisions of Article 370. It was followed by an uproar in the House with the Congress and other opposition parties creating a ruckus, entering the Well, shouting slogans and later walking out.
Speaking from Congress, its MP Manish Tewari raised queries over the fate of states who have been bestowed with special powers in the Constitution of India.
“Indian constitution does not have only Article 370. It also has Articles that provide special rights to other states of the country. Today when you are scrapping Article 370, what message are you sending to these states?” asked Tewari.
Which states have special rights under the Constitution?
Article 371 – Maharashtra and Gujarat
Article 371 was brought in to create special provisions for the states of Maharashtra and Gujarat. It gives power to the President of India to establish separate development boards for Vidarbha, Marathwada regions of Maharashtra and rest of the State and Saurashtra, Kutch and rest of Gujarat.
The Parliament later added a number of constitutional provisions under Article 371 to provide special rights to other states.
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Article 371A - Nagaland
Article 371A states that no act of Parliament shall apply to the state of Nagaland in respect of the religious or social practices of the Nagas, its customary law and procedure, administration of civil and criminal justice involving decisions according to Naga customary law and ownership and transfer of land and its resources.
Article 371B - Assam
Article 371B deals with the special provision with respect to the State of Assam. According to the law, the President may 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 area of Assam.
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Article 371C – Manipur
Article 371C deals with special provisions with respect to Manipur which became a state in 1972. Similar to Article 371B, this law provides that the President may 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 Manipur.
Article 371D and 371E – Andhra Pradesh
Article 371D provides equitable opportunities and facilities for the people of the state and safeguards their rights in matters of employment and education.
Article 371E mentions that the Parliament may, by law, provide for the establishment of a university in the State of Andhra Pradesh.
Article 371F – Sikkim
Article 371F states that the Legislative Assembly shall consist of not less than 30 members. It further provides that to protect the rights and interests of the different sections of the population in Sikkim, seats in the assembly may be filled by candidates belonging to such sections.
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Article 371G – Mizoram
Article 371 G of the Constitution states that the Parliament cannot decide on the matters of the religious and social practices of the Mizos, civil and criminal law of the land, land ownership transfer, and customary law procedure without the consent of the Assembly.
The provision came into effect in 1986 following the signing of the historic Mizo Accord between the Centre and the erstwhile underground Mizo National Front (MNF). Mizoram, then a Union territory, was granted the status of full-fledged statehood on February 20, 1987.
It further states that the Legislative Assembly of the state shall consist of not less than 40 members.
Article 371H – Arunachal Pradesh
Articles 371H talks about special provisions with respect to the state of Arunachal Pradesh. The governor shall have special responsibility with respect to law and order in the state. The Legislative Assembly of the state of Mizoram must consist of not less than 30 members.
Article 371I – Goa
Article 371I states that the Legislative Assembly of the State of Goa shall consist of not less than 30 members.
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