"Proposed Article 371K Seeks Special Constitutional Safeguards for Ladakh"
Asymmetric Federalism
a constitutional arrangement where different regions receive different governance powers based on their distinct circumstances.
Article 371 Family
Articles 371 and 371A–371J, each providing bespoke constitutional arrangements for specific states based on historical or political demands.
India's Constitution was designed to accommodate a diverse and historically uneven set of territories. At Independence, the country included not only the former British provinces but also hundreds of princely states that had acceded under varying circumstances. The Constitution initially classified these as Part B States, and the original Article 371 (1950) placed their governments under presidential supervision for up to ten years. This was a transitional arrangement, not a protection for cultural or ethnic identity.
The States Reorganisation Act, 1956, and the Seventh Constitutional Amendment abolished the Part A, Part B, and Part C classification and created a more uniform structure of states and Union Territories. The original Article 371 was replaced by a provision dealing with equitable regional development in Maharashtra and Gujarat. From this point onward, Parliament began inserting new sub-clauses, Articles 371A through 371J, each tailored to a specific region's historical, cultural, or political circumstances. This process of political and administrative reorganization has been continuous since the mid-nineteenth century, with each new arrangement reflecting the particular pressures of its time: the 16-Point Agreement of 1960 produced Article 371A for Nagaland; the Mizo Peace Accord of 1986 produced Article 371G for Mizoram; Sikkim's integration in 1975 required Article 371F; and the Six-Point Formula of 1973 addressing Telangana-Andhra tensions produced Article 371D. Each insertion required a constitutional amendment under Article 368, which allows Parliament to amend the Constitution by addition, variation, or repeal through a special majority.
Ladakh became a Union Territory without a legislature on 31 October 2019 under the Jammu and Kashmir Reorganisation Act, 2019. Parliament acts as its legislature and a Lieutenant Governor governs it directly. Ladakh already has sub-state governance through the Ladakh Autonomous Hill Development Councils (LAHDCs) under the LAHDC Act, 1997, statutory bodies with administrative and developmental powers but no legislative authority. These are distinct from the constitutionally entrenched Sixth Schedule bodies under Articles 244(2) and 275(1), which carry legislative and judicial powers in tribal areas of Assam, Meghalaya, Tripura, and Mizoram. The proposed Article 371K would sit above the LAHDCs but below a full legislature, creating a novel constitutional tier.
The Article 371 family is best understood as India's toolkit for asymmetric federalism: the principle that different regions may receive different constitutional arrangements based on their distinct circumstances, rather than a single uniform template. Each sub-clause reflects a different type of demand.
Article 371A (Nagaland) protects Naga customary law, religious and social practices, and land ownership. Parliamentary laws on these subjects do not apply to Nagaland unless the state assembly agrees. Article 371G (Mizoram) follows the same model, arising from the Mizo Peace Accord. Both reflect ethnic and cultural autonomy demands resolved through negotiated political settlements.
Article 371B (Assam) and Article 371C (Manipur) address intra-state political representation. They allow the President to constitute special committees within state assemblies comprising members from tribal or hill areas, ensuring these communities have a distinct voice within the legislature. …
Consider the following statements:
1.A bill amending the Constitution requires a prior recommendation of the President of India.
2.When a Constitution Amendment Bill is presented to the President of India, it is obligatory for the President of India to give his/her assent.
3.A Constitution Amendment Bill must be passed by both the Lok Sabha and the Rajya Sabha by a special majority and there is no provision for joint sitting.
Which of the statements given above are correct?
Consider the following statements regarding constitutional amendments under Article 368 of the Indian Constitution:
1.A Constitution Amendment Bill can be introduced in either House of Parliament.
2.If a Constitution Amendment Bill seeks to change the federal character of the Constitution, it must be ratified by at least half of the State Legislatures.
3.There is no provision for a joint sitting of Parliament to resolve a deadlock on a Constitution Amendment Bill.
4.When a Constitution Amendment Bill is presented to the President, it is obligatory for the President to give assent.
How many of the above statements are correct?
Consider the following statements regarding the Ladakh Autonomous Hill Development Councils (LAHDCs) and the proposed Article 371K:
1.LAHDCs are statutory bodies created under the LAHDC Act, 1997, and derive their authority from parliamentary legislation, not the Constitution.
2.Sixth Schedule Autonomous District Councils carry legislative and judicial powers, whereas LAHDCs have only administrative and developmental powers.
3.The proposed Article 371K would be the first application of an Article 371-type provision to a Union Territory rather than a state.
Which of the statements given above is/are correct?
Consider the following statements regarding the Article 371 family of provisions in the Indian Constitution:
1.Article 371A protects Nagaland's customary law and land ownership, and Parliamentary laws on these subjects do not apply unless the Nagaland Legislative Assembly agrees.
2.Article 371G, inserted following the Mizo Peace Accord, provides the same type of protection for Mizoram as Article 371A does for Nagaland.
3.Article 371D was inserted to protect the ethnic and cultural identity of the Telangana region from domination by coastal Andhra.
4.Article 371J created a development board for the Hyderabad-Karnataka region to address regional backwardness.
How many of the above statements are correct?
Which of the following correctly matches an Article 371 sub-clause with its primary triggering event or purpose?
1.Article 371B — Creation of a special committee in the Assam Legislative Assembly for tribal area representatives
2.Article 371C — Special responsibility of the Governor for law and order in Arunachal Pradesh
3.Article 371F — Constitutional management of Sikkim's integration as India's 22nd state
4.Article 371H — Protection of Mizo customary law and religious practices
Select the correct answer using the code given below:
The original Article 371, as adopted in the Constitution of India in 1950, was primarily concerned with:
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