What Does Article 371 Of The Constitution Entail, And Are Special Provisions Anticipated For Ladakh's Future?

Two days after civil society leaders met Home Minister Amit Shah in Delhi, it was decided that statehood for Ladakh as well as full implementation of the Sixth Schedule would be insisted upon by the groups.

While Shah assured the delegation that some of their demands would be looked into by the government, it was reportedly 'categorically' stated that the Centre cannot bestow statehood on the Union Territory nor guarantee its inclusion under the Sixth Schedule. Instead, Ladakh being given special provisions under Article 371 of the Constitution is being considered by the government.

Photo Credit: PTI

Ladakh became a Union Territory on 5 August 2019, following the abrogation of Article 370 and the division of Jammu and Kashmir into two UTs - Ladakh and Jammu and Kashmir. The question now arises: What is Article 371? And will Ladakh get special provisions under it? Let's understand.

Article 371: What is it?

Article 371 of the Indian Constitution grants some special provisions to certain states. According to The Week, Article 371 has been part of the Constitution since 26 January 1950. However, Articles 371(A-J) were brought in via amendments through Article 368 - which illustrates how Parliament can amend the Constitution.

Article 371 applies to a dozen states including six in the North East. The states are Maharashtra, Andhra Pradesh, Gujarat, Telangana, Sikkim, Mizoram, Arunachal Pradesh, Assam, Nagaland, Goa, Manipur, and Karnataka. According to the newspaper, these provisions were added to the Constitution keeping in mind the 'special circumstances' of individual states. In short, a multitude of protections are specified for each state given their unique requirements.

Take Maharashtra and Gujarat, for example.

Article 371 states:

Special provision with respect to the States of Maharashtra and Gujarat.

(2) Notwithstanding anything in this Constitution, the President may by order made with respect to the State of Maharashtra or Gujarat, provide for any special responsibility of the Governor for-

(a) The establishment of separate development boards for Vidarbha, Marathwada, and the rest of Maharashtra or, as the case may be, Saurashtra, Kutch, and the rest of Gujarat with the provision that a report on the working of each of the rest of these boards will be placed each year before the State Legislative Assembly;

(b) The equitable allocation of funds for developmental expenditure over the said areas, subject to the requirements of the State as a whole; and

(c) An equitable arrangement providing adequate facilities for technical education and vocational training, and adequate opportunities for employment in service under the control of the State Government, in respect of all the said areas, subject to the requirements of the State as a whole.

Article 371 of the Indian Constitution grants special provisions to certain states, including several in the North East. Wikimedia Commons/ Geospatial World

According to The Week, Article 371A deals with Nagaland. Brought in in 1962, it says Parliament can make no Act regarding the state's religious or social practices, laws, and customs, administration of civil or criminal justice, ownership, and transfer of land and state resources. It is the state's Legislative Assembly that must pass a resolution to deal with the above.

The governor also has special powers to deal with law and order. Similarly, 371B, which deals with Assam, was brought in in 1969. It allows the president to deal with the Constitution and functioning of a committee of Legislative Assembly comprising members elected from the tribal. 371C, which relates to Manipur was brought in in 1971.

According to Indian Express, it says the President of India may provide for the constitution and functions of a committee of elected members from the Hill areas in the Assembly. It gives the governor, who has to send the president a report every year, "special responsibility."

Article 371D was brought in in 1973 for Andhra Pradesh and Telangana. However, this has since been replaced by the Andhra Pradesh Reorganisation Act, 2014. It says the president must ensure "equitable opportunities and facilities" in "public employment and education to people from different parts of the state".

He may also demand that the state government organize "any class or classes of posts in the civil service of, or any class or classes of civil posts under, the State into different local cadres for different parts of the State", and allow them.

Articles 371G, 371H, 371I, and 371J similarly spell out special provisions for Mizoram, Arunachal, Goa, and Karnataka respectively. According to Business Insider, the goal of Article 371 is essentially to protect states, their people, their backward regions, their economic and cultural features, their laws, and their customs, as reported by First Post.

Will Ladakh Secure Its Special Provisions?

It might be possible. According to sources quoted by The Indian Express, it was conveyed to the delegation by Shah that Ladakh's issues would be addressed through special provisions under Article 371 of the Constitution.

"The concerns of the people regarding land, jobs, and culture were acknowledged by the minister, and it was suggested that these could be addressed through special provisions under Article 371. It was indicated that the government was willing to reserve up to 80 per cent of the jobs in the region for local people," a Ladakh leader informed the newspaper.

Ladakh was designated as a Union Territory on 5 August, 2019, subsequent to the abrogation of Article 370 by the Centre, which resulted in the bifurcation of Jammu and Kashmir into two Union territories. A press statement from the Home Ministry stated, "Amit Shah assured the delegation that under the leadership of PM Modi, the government is committed to providing necessary Constitutional safeguards to the Union Territory of Ladakh. He assured that the High Powered Committee on Ladakh has been discussing the modalities to provide such Constitutional safeguards."

"The Home Minister expressed that the consultative mechanism established through this High Powered Committee should continue to engage on issues such as measures to protect the region's unique culture and language, protection of land and employment, inclusive development and employment generation, empowerment of LAHDCs and examine constitutional safeguards for positive outcomes," it added, as reported by First Post.

A six-member delegation of the Apex Body, Leh (ABL) and the Kargil Democratic Alliance (KDA) from the Union territory had called on Shah on Monday. The ABL and the KDA on Monday issued a statement saying their sub-committee failed to make any headway after two back-to-back meetings with central government functionaries.

The organisations also said they have decided to consult with the people of Ladakh to devise a future course of action. The two groups on Wednesday called for a Ladakh bandh. The ABL and the KDA have been demanding statehood for Ladakh, the inclusion of the Union territory in the 6th Schedule of the Constitution and the setting up of an exclusive public service commission for the high-altitude region.

The sub-committee was formed following a meeting held on 19 February between the HPC and a 14-member delegation of the LAB and the KDA, representing various organisations of the Union Territory. Thupstan Chhewang, Chering Dorjay Lakruk and Nawang Rigzin Jora, representing the LAB, and Qamar Ali Akhoon, Asgar Ali Karbalai and Sajjad Kargili, representing the KDA, are members of the sub-committee.

Akhoon, Chhewang, Lakruk and Karbalai signed the press statement issued on Monday. The other demands of the delegation include two Lok Sabha seats (one for Kargil and one for Leh) and job opportunities for the residents of the Union Territory, sources said earlier.

Ladakh currently has one Lok Sabha constituency. Ladakh, which no longer has any Assembly constituency, was earlier part of the erstwhile state of Jammu and Kashmir. The provisions of Article 370 of the Constitution, which gave a special status to Jammu and Kashmir, were abrogated on August 5, 2019, and the erstwhile state was bifurcated into the Union territories of Jammu and Kashmir and Ladakh, reported by First Post.

According to the provisions of the Jammu and Kashmir Reorganisation Act, Jammu and Kashmir has been made a Union Territory with a Legislative Assembly and Ladakh a Union Territory without any Assembly. There were four representatives from Ladakh in the erstwhile Jammu and Kashmir Assembly. The BJP-led Centre assured the delegation from Ladakh in December last year that it was committed to fast-tracking the development of the Union Territory and meeting the aspirations of the people in the region.