Article 371 A to J, and what K can do for Ladakh, Pg13

Key Highlights:

• The Centre has proposed inserting a new provision, Article 371K, into the Constitution to provide special constitutional safeguards for Ladakh.
• This proposal follows an "in-principle understanding" between the Ministry of Home Affairs (MHA) and representatives of the Apex Body, Leh (ABL) and Kargil Democratic Alliance (KDA).
• The proposed Article 371K aims to create a directly elected Union Territory-level body for Ladakh with legislative, executive, financial, and planning powers.
• The new body would have legislative powers over subjects like land, culture, language, forests, environment, and natural resources.
• Ladakh's leaders are also seeking control over law and order, and protection for land and customary practices, similar to Article 371A and Article 371G.

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Detailed Insights:

• The original Article 371, adopted in 1950, was a transitional provision for Central supervision over Part B States (princely states) for 10 years.
• The States Reorganisation Act and the Seventh Constitutional Amendment of 1956 abolished the Part A, B, C classification, and the original Article 371 was replaced.
• The current Article 371 provides special arrangements for Maharashtra and Gujarat, focusing on equitable development of regions like Vidarbha, Marathwada, Saurashtra, and Kutch.
• Article 371A (inserted in 1963) for Nagaland protects Naga religious and social practices, customary law, and ownership of land and resources, based on the 16-Point Agreement of 1960.
• Article 371B (inserted in 1969) for Assam, through the 22nd Constitutional Amendment, allowed the President to create a committee within the Legislative Assembly for tribal areas under the Sixth Schedule.
• Article 371C (inserted in 1972) for Manipur provides for a special committee of the Legislative Assembly for hill areas, with the Governor reporting to the President on their administration.
• Article 371D (inserted in 1973) for Andhra Pradesh (and now Telangana) ensures equitable opportunities in education and public employment, stemming from the Six-Point Formula of 1973.
• Article 371F (inserted in 1975) was crucial for Sikkim's integration into the Indian Union, managing its transition to statehood.
• Article 371G (inserted in 1986) for Mizoram protects Mizo customary law, religious practices, and land ownership, following the Mizo Peace Accord of 1986.
• Article 371H (inserted in 1987) for Arunachal Pradesh gives the Governor special responsibility for law and order.
• Article 371I for Goa (inserted when it became a state) simply mandates a minimum of 30 members in its Legislative Assembly.
• Article 371J (inserted in 2012) for the Kalyana Karnataka region (formerly Hyderabad-Karnataka) addresses regional backwardness through a development board and reservations in employment and education.
• The proposed Article 371K for Ladakh would be unique as it applies to a Union Territory without a legislature, aiming for a "sui generis" (unique) model of governance.
• Ladakh's leaders are seeking a stronger democratic governing institution than existing models, with significant control over local affairs.

Key Concepts Involved:

• Article 371: A part of the Indian Constitution providing special provisions for certain states to address their unique historical, social, and economic needs.
• Union Territory (UT): An administrative division in India directly governed by the Central Government, some of which have their own legislatures.
• Legislative Assembly: A deliberative body of elected representatives in states and some Union Territories, responsible for making laws.
• Sixth Schedule: A constitutional provision under Article 244 that allows for the formation of autonomous administrative divisions (Autonomous District Councils) in certain tribal areas of Assam, Meghalaya, Tripura, and Mizoram.