Central laws automatically applicable to UTs J&K, Ladakh: Dr Jitendra
STATE TIMES NEWSJAMMU: Jammu and Kashmir Government on Sunday clarified that there is no proposal under consideration regarding extension of Article 371 to the Union Territory of Jammu and Kashmir. An official spokesperson said that media reports circulating in this regard are baseless and without any substance. The same has also been refuted by Ministry of Home Affairs as well, the spokesperson added. In Hyderabad, Union Minister of State in PMO Dr Jitendra Singh also echoed similar views, saying, “There is no question of Article 371 going to be implemented in Jammu and Kashmir.
States that have special provisions under Article 371(A-J)* Article 371 – Maharashtra and Gujarat Governors of the states of Maharashtra and Gujarat are given special responsibilities to set up development boards in regions such as Vidarbha, Marathwada, Kutchh etc.* Article 371A – Nagaland Article 371A of the Constitution mainly states that no act of Parliament would apply to the state of Nagaland in matter relating to religious or social practices of Nagas, Naga customary law and procedure, administration of civil or criminal justice involving decisions according to Naga customary law and ownership and transfer of land and its resources. The Legislative Assembly of Nagaland must pass a resolution for an act to be applicable to the state.The governor is given special responsibilities with respect to law and order in the state as well.* Article 371B – AssamAccording to the special provision under Article 371B, the president may provide for the Constitution and functions of a committee of Legislative Assembly of the state consisting of members elected from the tribal areas of Assam.* Article 371C – ManipurThe special provision under Article 371C in the case of Manipur is similar to 371B for Assam. Here, too, the president may provide for the Constitution and functions of a committee of Legislative Assembly of the state, but consisting of members elected from the hill areas of Manipur. The governor must submit an annual report to the president regarding the administration of hill areas as well.* Article 371D & E – Andhra PradeshArticle 371D, which was added to the Constitution in 1974, provides equitable opportunities and facilities for the people of the state and safeguards their rights in matters of employment and education. The state government may organise civil posts or direct recruitment to posts in local cadre as required. Article 371E states that the Parliament may by law provide for the establishment of a University in Andhra Pradesh.* Article 371F – SikkimArticle 371F was incorporated into the Constitution in 1975. It states that the Legislative Assembly shall consist of not less than 30 members. In order to protect the rights and interests of the different sections of the population in the state of Sikkim, seats in the assembly are provided to people of these different sections. * Article 371G – MizoramThe Legislative Assembly of the state of Mizoram must consist of not less than 40 members. In addition, following the same provisions as Nagaland, an act of Parliament would not apply to Mizoram in matters relating to religious or social practices of Mizo, Mizo customary law and procedure, administration of civil or criminal justice involving decisions according to Mizo customary law, ownership and transfer of land and its resources.* Article 371H – Arunachal PradeshThe Legislative Assembly of the state of Mizoram must consist of not less than 30 members. The governor will have special responsibility with respect to law and order in the state.* Article 371I – GoaThe Legislative Assembly of the state of Goa must consist of not less than 30 members.* Article 371J Article 371J grants special status to six backward districts of Hyderabad-Karnataka region. The special provision requires that a separate development board be established for these regions (similar to Maharashtra and Gujarat) and also ensures local reservation in education and government jobs.
There is nothing of that sort being contemplated at any level by the government of India and this disinformation is being planted by those whose illegitimate interests have been adversely affected by the abrogation of Article 370,” he said. Article 371, which has special provisions and is applicable in some states especially in the Northeast, safeguards the rights of native people with regard to religious or social practices, customary laws and procedures, ownership and transfer of land and resources, and employment and education.
Addressing an event at the Indian School of Business (ISB) here, the Dr Jitendra said Central laws are automatically applicable to the two newly created Union Territories of Jammu and Kashmir, and Ladakh and the necessary notifications whenever required are being issued one after the other. Reiterating that Article 370 is “gone forever as a whole”, he said there is a basic difference between the essence and spirit of Article 370 which has been revoked from Jammu and Kashmir and Article 371 which is applicable in certain areas of the Northeast.
Under Article 370 of the Constitution, the erstwhile state of Jammu and Kashmir was given special status till its abrogation on August 5. “Certain fringe elements are trying to create confusion for vested interests by planting disinformation in the media that certain laws or acts will not be applicable in Jammu and Kashmir or applicable there only in truncated form.
The elements spreading such disinformation are tactically supported by Congress and the National Conference which have been the beneficiaries of Article 370,” he said. Singh said the vested interests will have to “swallow a bitter pill” whether they like it or not. However, the minister said it is the duty of “all patriotic, nationalistic and right-thinking citizens” to cooperate in smooth implementation of the same laws and rules which are applicable in the rest of India.
He said that while in case of states, there may be some leverage for the respective state governments, in the case of a Union Territory the Centre’s laws are applicable. Giving an example, he said that while law and order and police are state subjects in the case of states, in the case of a Union Territory these fall in the domain of Union Home Ministry.
Rumour mill had gone active in the Valley last week suggesting that the Centre was contemplating to extend Article 371 to the Union Territory of Jammu and Kashmir. The rumours had got a sort of credence following the reports that a section of senior politicians from Kashmir, including PDP patron and former deputy Chief Minister Muzaffar Hussain Beig, were in favour of such a move and have already indicated that they are willing to settle for Article 371.
“We are a hill state and the Constitution has provided special provisions under Article 371 for all the hill states with domicile rights like those they enjoyed under Article 35A,” Beigh had last month told a media outlet.
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