Article 371G was inserted into the Constitution by the 53rd Constitutional Amendment Act, 1986. This amendment granted statehood to Mizoram, which was previously a Union Territory. The article embodies specific safeguards and provisions aimed at preserving the distinct cultural, religious, social, and land-related identity of the Mizo people.
These special provisions are crucial for understanding the unique constitutional arrangement for Mizoram, reflecting the agreements and political settlements that led to its formation as a full-fledged state within the Indian Union, particularly the historic Mizo Accord of 1986.
Original Text
371G. Special provision with respect to the State of Mizoram.
Notwithstanding anything in this Constitution—
(a) no Act of Parliament in respect of— (i) religious or social practices of the Mizos, (ii) Mizo customary law and procedure, (iii) administration of civil and criminal justice involving decisions according to Mizo customary law, (iv) ownership and transfer of land, shall apply to the State of Mizoram unless the Legislative Assembly of the State of Mizoram by a resolution so decides:
Provided that the provisions of this clause shall not apply to any Central Act in force in the Union territory of Mizoram immediately before the commencement of the Constitution (Fifty-third Amendment) Act, 1986;
(b) the Legislative Assembly of the State of Mizoram shall consist of not less than forty members.
Detailed Explanation
Article 371G provides special constitutional protections for the State of Mizoram, acknowledging its unique historical background, cultural practices, and demographic composition, particularly the prevalence of tribal communities with distinct customs and land ownership patterns.
The first clause, (a), is a non-obstante clause (“Notwithstanding anything in this Constitution”), which gives it overriding effect over other provisions of the Constitution in specific matters. It lists four particular areas where the application of any future Act of Parliament is restricted in Mizoram. These areas are: (i) religious or social practices of the Mizos, (ii) Mizo customary law and procedure, (iii) administration of civil and criminal justice where decisions involve Mizo customary law, and (iv) ownership and transfer of land. For a Parliamentary law on any of these subjects to apply to Mizoram, the State’s Legislative Assembly must first pass a resolution deciding that the Act should apply. This mechanism ensures that the unique Mizo way of life, their traditional laws, and their communal land holding patterns are not unilaterally altered by central legislation without the explicit consent of the elected representatives of the State. The proviso to this clause clarifies that this restriction does not apply to Central Acts that were already in force in the Union Territory of Mizoram immediately before it attained statehood in 1987. This prevents a legal vacuum or immediate non-applicability of existing laws upon state formation.
The second clause, (b), addresses the composition of the Mizoram Legislative Assembly. It mandates that the Assembly shall consist of not less than forty members. This provision ensures a minimum size for the state legislature, guaranteeing a certain level of representation despite the state’s relatively smaller population compared to many other Indian states. This minimum threshold helps ensure a functional legislative body capable of representing diverse interests within the state.
Overall, Article 371G serves as a vital constitutional safeguard, preserving the distinct identity and autonomy of Mizoram and its people in crucial social, cultural, legal, and economic spheres, while also specifying a key aspect of its governmental structure.
Detailed Notes
- Article 371G was inserted by the 53rd Constitutional Amendment Act, 1986, granting special provisions to the State of Mizoram.
- The purpose is to protect the distinct identity, culture, customary laws, and land rights of the Mizo people.
- Clause (a) deals with the application of Parliamentary laws to Mizoram.
- It is a non-obstante clause, overriding other constitutional provisions regarding the application of Central laws in certain subjects.
- Parliamentary laws on the following subjects will not apply to Mizoram unless the State’s Legislative Assembly passes a resolution deciding their application:
- Religious or social practices of the Mizos.
- Mizo customary law and procedure.
- Administration of civil and criminal justice involving decisions based on Mizo customary law.
- Ownership and transfer of land.
- This mechanism effectively gives the Mizoram Legislative Assembly veto power over central legislation concerning these specific, sensitive areas vital to Mizo identity.
- The proviso to clause (a) states that this restriction does not apply to Central Acts already in force in the Union Territory of Mizoram before it became a state in 1987.
- Clause (b) specifies the minimum strength of the Mizoram Legislative Assembly.
- The Legislative Assembly of Mizoram must consist of not less than forty members.
- This ensures adequate representation in the state legislature regardless of population size relative to the norm for other states.
- These provisions were part of the framework established following the Mizo Accord of 1986, which brought peace and led to Mizoram’s statehood.
Additional Comments
- Article 371G is similar in spirit to Article 371A (Nagaland), 371f (Sikkim), and others in Part XXI that grant special provisions to certain states to protect distinct regional identities, cultural practices, and resources.
- The protection of “ownership and transfer of land” is particularly significant as land ownership patterns in tribal areas often differ significantly from mainstream laws, frequently involving community ownership or traditional rights.
- The requirement for the State Assembly’s resolution is a strong form of legislative safeguard, empowering the state government to control the degree to which central laws affecting core Mizo issues are applied.
- The insertion of Article 371G reflects the Indian state’s approach to accommodate regional aspirations and protect the rights of indigenous populations in diverse areas.
- While clause (a) protects against future Parliamentary acts, existing central laws from the Union Territory period continue to apply until the State Assembly decides otherwise for future acts on those subjects.
Summary
Article 371G provides special provisions for the State of Mizoram. It mandates that no Act of Parliament concerning the religious or social practices of the Mizos, Mizo customary law and procedure, administration of justice involving customary law, or ownership and transfer of land shall apply to Mizoram unless the State Legislative Assembly decides by resolution that it should apply. However, Central Acts already in force in the Union Territory immediately before statehood are exempted from this requirement. The article also stipulates that the Mizoram Legislative Assembly must have a minimum of forty members. These provisions aim to protect the unique cultural, legal, and land rights of the Mizo people and ensure their distinct identity is preserved within the Indian Union.