Article 371C was inserted into the Constitution by the Constitution (Twenty-seventh Amendment) Act, 1971, which reorganized the North-Eastern states. It grants special provisions for the State of Manipur, specifically focusing on the administration of its sensitive and predominantly tribal ‘Hill Areas’.
This article aims to safeguard the interests of the people residing in the Hill Areas of Manipur by giving them a greater say in their administration through a designated committee within the state legislature and by establishing a mechanism of central oversight through the Governor’s report to the President. It acknowledges the unique geographical and demographic composition of the state and seeks to address the specific needs of its different regions.
Original Text
371C. Special provision with respect to the State of Manipur.
(1) Notwithstanding anything in this Constitution, the President may, by order made with respect to the State of Manipur, provide for the constitution and functions of a committee of the Legislative Assembly of the State consisting of members of that Assembly elected from the Hill Areas of that State, for the modifications to be made in the rules of business of the Government of the State and in the rules of procedure of the Legislative Assembly of the State for the purposes of securing the proper functioning of such committee, and for any other matter for which it is necessary to make special provision with respect to the State of Manipur.
(2) The Governor of Manipur shall annually, or whenever the President so requires, make a report to the President regarding the administration of the Hill Areas in that State and the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said areas.
Explanation.- In this article, the expression “Hill Areas” means such areas as the President may, by order, declare to be Hill Areas.
Detailed Explanation
Article 371C provides special arrangements for the administration of Manipur, primarily focusing on the ‘Hill Areas’, which are specifically defined by the President through an order. The core provisions revolve around the creation and functioning of a legislative committee for these areas and the administrative oversight by the Union government.
Clause (1) empowers the President of India to issue an order containing specific provisions for Manipur. This includes the crucial power to mandate the constitution and define the functions of a committee within the State’s Legislative Assembly. This committee is composed of members of the Assembly who are elected from the designated Hill Areas. The Presidential order can also modify the rules of business of the State Government and the rules of procedure of the Legislative Assembly to ensure this committee functions effectively. Furthermore, the President can include any other necessary special provisions for Manipur in this order. This clause allows for flexibility in tailoring the administrative setup to the unique requirements of Manipur’s Hill Areas.
Clause (2) establishes a mechanism for central monitoring of the administration of the Hill Areas. It mandates the Governor of Manipur to submit a report to the President annually, or more frequently if required by the President, detailing the administration of these areas. This provision creates accountability and ensures that the welfare and specific needs of the Hill Areas are regularly brought to the attention of the Union government. Consequentially, the executive power of the Union extends to issuing directions to the State Government of Manipur regarding the administration of the Hill Areas, underscoring the Union’s role in safeguarding the interests of these regions.
The Explanation clarifies that the specific areas constituting the “Hill Areas” for the purpose of this article are those that the President officially declares as such by an order. This definition is left to the President’s discretion to be determined based on relevant factors like geography, demography, and historical context.
Detailed Notes
- Purpose: Provides special provisions for the administration of Manipur, focusing on the Hill Areas.
- Inserted by: Constitution (Twenty-seventh Amendment) Act, 1971.
- Applicable to: State of Manipur.
- Key mechanism: Creation of a Committee of the Legislative Assembly for Hill Areas.
- Composition of Committee: Members of the Manipur Legislative Assembly elected from the Hill Areas.
- Power to Constitute Committee: President of India, by order.
- Functions of Committee: Defined by the President’s order.
- Adaptation of Rules: President’s order can modify State Government’s rules of business and Legislative Assembly’s rules of procedure for effective functioning of the committee.
- Other Special Provisions: President’s order may include other necessary special provisions for Manipur.
- Governor’s Role:
- Mandated to submit a report to the President regarding the administration of Hill Areas.
- Report frequency: Annually, or whenever required by the President.
- Union’s Role:
- Executive power extends to giving directions to the State of Manipur regarding the administration of Hill Areas.
- Definition of “Hill Areas”: Such areas as the President may declare by order.
- Impact: Aims to provide autonomy to Hill Areas through a legislative committee and ensures central oversight.
Additional Comments
- The provisions of Article 371C are implemented through specific Presidential Orders, such as the Manipur Legislative Assembly (Hill Areas Committee) Order, 1972.
- The Hill Areas Committee in Manipur has specific powers and functions, often related to Bills affecting the Hill Areas and consideration of annual financial statements concerning these areas.
- This article, along with others in Part XXI, reflects the Indian Constitution’s asymmetrical federalism, where specific states are granted special status or provisions due to their unique historical, cultural, or geographical circumstances.
- The mechanism of the Governor’s report and the Union’s power to issue directions highlights a degree of central control and responsibility for the welfare of the Hill Areas.
Summary
Article 371C provides special provisions for the State of Manipur, focusing on the administration of its designated Hill Areas. It empowers the President to order the formation of a committee of the State Legislative Assembly consisting of members elected from the Hill Areas, define its functions, and modify rules for its effective operation. The article also mandates the Governor of Manipur to report annually or on demand to the President regarding the administration of the Hill Areas, and the Union government holds the executive power to issue directions to the State concerning these areas. The definition of “Hill Areas” is determined by Presidential order. These provisions aim to ensure the distinct needs and interests of the Hill Area populations are addressed within the state framework with Union oversight.