• Article 371(A)

In india can two states enjoy the same article 371(A) or to be amend separtely? 
For ex: Arunachal pradesh under 371(H) and three of its own district therefore TIRAP,CHANGLANG &LONGDING demanding Autonomous council as Patkai autonomous district council as one autonomous District council with attactment of 371(A) which is given only to Nagaland state. So does the said query implies in such demand?
The three district peoples belongs to Any naga tribe.
Asked 7 years ago in Constitutional Law

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2 Answers

Article 371 A special provisions for Nagaland

Act of parliament relating to following matters would not apply to Nagaland unless state assembly so decides:

Religious & social practices of Nagas

Nagas customary law & procedure

Administration of civil or criminal justice involving decisions according to Naga customary law

Ownership & transfer of land & its resources

Special responsibility of governor wrt law & order in the state (after consulting COMs, but his decision will be final) regarding internal disturbances occurring in Naga hills mainly in Tuesang area (Special responsibility ceases if President directs so)

Governor has to ensure that money provided by the GOI out of consolidated fund of India for any specific purpose, is included in the demand for grant relating to that specific purpose only, not any other

A regional council for Tuensang district, consisting of 35 members should be formed & governor in his discretion shall make all the rules & terms regarding this council

For a period of 10 years, from formation of state of Nagaland or for further period as specified by Governor, on recommendations of regional council, following provisions would be operative for Tuensang district:

Administration of Tuensang district shall be carried on by the governor

Governor in his discretion shall arrange for equitable distribution of money, b/w Tuensang district & Rest of Nagaland, provided by center

There shall be a minister for Tuensang affairs in state COMs

Final decision on all matters relating to Tuensang district shall be made by governor in his discretion

Members in Nagaland assembly from the Tuensang district are not elected directly by the people but by regional council

2) 2 states cannot enjoy same article 371 A

3) separate provision has to be made

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

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

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

Thus, since each state has been bestowed with respective article in the constitution, it may not be applicable to invoke same article i.e., 371(A) to the State of Arunachal Pradesh if there is a separate provision in respect of Arunachal Pradesh.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

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