Despite
separation of powers, the increasing judicial intervention on the actions of
executive and legislature shows the power driven politics and breakdown of
democratic consensus. The overburden judiciary, delays and large number of
pending cases in the courts are serious concerns of the Constitutional values
and democracy.
There
are some concessions and protections to certain States and social groups under
the Constitution.
· Under
Article 370 Special Status given to Jammu and Kashmir was one of the conditions
for joining into India by the former Princely State after partition of British
India. Article 370 was not only removed in 2019 but the State was reduced into
two Union Territories of Jammu and Kashmir and Ladak.
· The
Acts of Parliament will not apply to Nagaland under Article 371 A and Mizoram
under Article 371G on religious or social practices, customary law, ownership
and transfer of land and its resources in the two States unless their
Legislative Assemblies decide
.
.
· Article
371 C recognises the division of Manipur into hills and valley by providing
constitution of a Hill Areas Committee in State Assembly elected from the hill
areas.
· Special
provision to Sikkim is under Article 371 F and for Arunachal Pradesh under
Article 371 H. Fifth Schedule of the Constitution provides separate
administration of STs including Tribes Advisory Council with Governor having
responsibility to report to President in the tribal areas in India other than
North East States.
· The
Sixth Schedule provides separate administration and establishment of District
Councils and Regional Councils in the tribal areas of Assam, Meghalaya, Tripura
and Mizoram. The Governors in these States have the responsibility to run the
administration including permission to apply the Acts of Parliament and State
Assemblies in the Sixth Schedule areas.Under Sixth Schedule the additional
powers have been given to the Bodoland Territorial Council in Assam since 2003
to make laws in various matters and with special powers to Governor and
President. Bodoland Territorial Council is like a mini State within the State
of Assam having powers on agriculture, cultural affairs, education upto college
level, forests, intoxicating liquors, land and revenue, PWD, transport, tourism
etc.
.
.
· Under
the Articles 14, 15 and 16 in Part III, the State is given the power to put the
reasonable restriction on the fundamental rights of the citizens in the
interests and for the advancement of the birth based social categories like
Scheduled Castes (SCs), Scheduled Tribes (STs) and Other Backward Classes
(OBCS). For SCs and STs the reservations are provided in admissions to
educational institutions, government jobs, seats in Lok Sabha, State
Legislative Assemblies, panchayates and municipalities under the Constitution.
In the case of Scheduled Tribes the additional privileges and concessions
include protection of land under Article 19(5) and no income tax payments
irrespective of high or low income. Therefore it is not surprising that demands
for ST status are increasing in North East and other parts of India. In case of
OBCs the reservation is confined to admissions to educational institutions and
government jobs. For OBCs it is on income basis as to the creamy layers among
the OBCs are excluded. It is the Constitution and laws which protect and
provide concessions to different social categories including STs. The
protections and concessions are not by the traditional tribal chiefs or ethnic
based groups in the hill/tribal areas of India including North East.
· The
rising inequalities in income among the individuals and regional disparities in
the development process are factors causing prejudices and conflicts among the
social groups. In fact new demands for concessions and protections under the
Constitution have been increased. These include new reservations, Scheduled
Tribe (ST) status, Inner Line Permit System (ILPS) and ethnic/group based
political and administrative arrangements.
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